Law 169/2026, Book I: art. 1-365

Article 1 - Subject Matter of Regulation

(1) The subject of this code is to provide the regulatory framework in the fields of spatial planning, urbanism and construction that enables the achievement of the following general objectives:

a) meeting the social, economic, mobility, heritage and environmental conservation needs of citizens;

b) rational use of territory and resources, taking into account the conservation and development of built heritage, cultural and archaeological heritage, and natural heritage;

c) guaranteeing sustainable and balanced development and ensuring the attractiveness of the entire national territory;

d) increasing the efficiency of access to and transparency regarding spatial planning and urbanism documentation for all users;

e) simplifying and digitizing the process of reviewing and approving spatial planning and urbanism documentation and the process of authorizing construction works or demolition of buildings;

f) increasing the use of energy-efficient and sustainable solutions in construction.

(2) For the purposes of this code, the meaning of terms and expressions used is defined in Annex no. 1.

Article 2 - Spatial Planning and Urbanism Activity on the Territory of Romania

(1) The territory of Romania is part of the national wealth from which all citizens of the country benefit through spatial planning activities and urbanism or sustainable urban development activities carried out by central and local public authorities.

(2) The central and local public administration authorities represent the manager of this wealth and the guarantor of sustainable and balanced development, within the limits of legal competences, for which purpose they use the territorial management instruments provided by this code.

(3) The State, through the central and/or local public administration authorities and public institutions, has the obligation to ensure, through spatial planning activity and urbanism activity, the conditions for sustainable and balanced development and respect for the public interest. The central and/or local public administration imposes restrictions on the use of private property in favour of the public interest, in accordance with the provisions of the Constitution of Romania, as republished, with this code and with other applicable laws.

(4) Natural and legal persons contribute to the sustainable and attractive development of the territory through participation in the elaboration of spatial planning and urbanism instruments, through the development of projects and through the views they express in the planning, review and authorization processes.

Article 3 - Public Interest in Spatial Planning and Urbanism

(1) For the purposes of this code, ensuring the public interest is represented by prioritizing the use of territory for carrying out investments necessary for sustainable and balanced development of the territory through spatial planning and urbanism documentation, protecting the values of natural and built heritage, including archaeological heritage, ensuring the quality of the arranged, planted and built environment, as well as ensuring equitable access of citizens to utilities and services of general interest.

(2) In order to protect the public interest, as referred to in para. (1), the central and local public administration authorities may institute through spatial planning and urbanism documentation initiated by them measures and prohibitions regarding the use of land, the carrying out of construction, works, developments or agricultural, forestry, craft, commercial or industrial operations, in accordance with the provisions of the Constitution of Romania, as republished, with this code and with other applicable laws.

Article 4 - Spatial Management of Territory

(1) Spatial management of territory is a mandatory and continuous activity of the central and local public administration authorities through which rights and responsibilities are ensured in the efficient and sustainable use and utilization of properties, living conditions, protection of the architectural, urban and cultural identity of urban and rural localities, working conditions, public services and mobility that respond to the diversity of needs and resources of the population, reduction of energy consumption, ensuring the protection of natural and built landscapes, including archaeological sites, conservation of biodiversity and creation of ecological continuities, public security and health, as well as adequate transport conditions.

(2) Spatial management is carried out through spatial planning activities and urbanism activities and the geospatial information systems that support them.

(3) Spatial planning activities and urbanism activities have as their object:

a) research in the field of spatial planning and urbanism and the elaboration of studies to substantiate strategies, policies and spatial planning and urbanism documentation;

b) the establishment, maintenance, extension and development of a standardized and compatible urban and territorial database, including in accordance with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), transposed through Government Ordinance no. 4/2010 on the establishment of the National Infrastructure for Spatial Information in Romania, approved with amendments by Law no. 190/2010, as republished;

c) elaboration of strategies, policies and programmes for urban and territorial development;

d) elaboration of spatial planning and urbanism documentation;

e) management of spatial planning and urbanism documentation;

f) elaboration of acts with normative character or norms in the field;

g) monitoring and control regarding the implementation in practice of strategies, policies, plans, programmes and spatial planning and urbanism operations.

Article 5 - Spatial Planning Activity

(1) Territorial planning activity is the activity of spatial planning of the territory, of public interest, carried out by the public administration authorities, through which the coordination at the territorial level of regional development policy and other sectoral policies at national, regional, county or intercommunal level is achieved.

(2) The purpose of territorial planning activity is to coordinate at the territorial level the administrative-territorial units, metropolitan areas, intercommunal development associations and functional urban and rural areas of sectoral policies at national, regional, county or intercommunal level, in order to ensure balanced, coherent and sustainable development of the national territory, pursuing the increase of economic, social and territorial cohesion, harmonization at the level of the entire territory of all sectoral policies and ensuring balance in the development of different areas of the country.

Article 6 - Urban Planning Activity

(1) Urban planning activity is an activity of public interest coordinated by the local and/or central public administration authorities, through which they plan, organize and establish the directions of development, the mode of use and occupation of land and real estate within the administrative-territorial units.

(2) Through urban planning activity, the protection of natural and built landscapes, including archaeological sites, the conservation of biodiversity and the creation of ecological continuities, public safety and health, as well as the provision of mobility needs and ensuring accessibility and universal design for an inclusive society for persons with disabilities, sustainable mobility, climate resilience and energy efficiency are ensured.

(3) Urban planning activity has as its main purpose the regulation and coordination of the complex evolution of localities in accordance with the directions of sustainable and competitive development of the national, regional, county and intercommunal territory, with their economic, social, cultural and territorial potential and with the aspirations of the inhabitants.

Article 7 - Principles of Territorial Planning Activity and Urban Planning Activity

Territorial planning activity and urban planning activity are carried out in compliance with the following principles:

a) the principle of transparency and public participation - the public administration authorities and public institutions involved in the process of elaboration/modification and approval of strategies, territorial planning documentation and urban planning documentation ensure the conditions for public involvement and participation in all stages of the decision-making process regarding territorial planning activities and urban planning activities;

b) the principle of priority of the general interest - in territorial planning activities and in urban planning activities, all factors involved in the initiation, substantiation, elaboration, approval, endorsement and implementation of territorial planning and urban planning documentation have the obligation to pursue the satisfaction of the general interest as a priority. National public interest prevails over local public interest;

c) the principle of environmental and cultural heritage protection - territorial planning activity and urban planning activity are carried out in compliance with the applicable provisions in environmental and cultural heritage protection, pursuing the conservation of natural and cultural resources and the prevention of negative effects on the environment and heritage, the mitigation of negative effects already produced, as well as the enhancement of these resources;

d) the principle of efficient use of resources - territorial planning activity and urban planning activity are carried out in accordance with the need for efficient use of resources and ensuring the possibility of sustainable development in accordance with the principles of the circular economy;

e) the principle of sustainable use of territory - territorial planning activities and urban planning activities are carried out without depleting available natural resources and without damaging the environment, respectively without affecting the possibilities of satisfying the natural resource needs of future generations;

f) the principle of cooperation - territorial planning activity and urban planning activity are carried out through cooperation between public administration authorities, public institutions and interested persons;

g) the principle of integrated approach - territorial planning activities and urban planning activities pursue the coordination and integration of sectoral policies at the territorial level;

h) the principle of simultaneous coordination in horizontal and vertical terms - horizontal coordination pursues the coordination of planning instruments between neighbouring administrative-territorial units, the coordination of different requests formulated from the point of view of land use and the integration of the needs of different sectoral policies, and vertical coordination pursues ensuring coherence between national, regional, county and local levels of intervention, including with regard to the coordination of strategic objectives and investment projects.

Article 8 - Objectives of Territorial Planning Activity

(1) The main objectives of territorial planning activity are:

a) ensuring economic, social and territorial cohesion and balance in the economic and social development of different areas of the country and reducing territorial disparities;

b) improving the quality of life of people and human communities, in accordance with the objectives of sustainable development;

c) rational use of territory, by limiting uncontrolled expansion of built-up areas and conservation of agricultural land;

d) conservation and development of cultural diversity and protection of cultural heritage;

e) environmental and landscape protection, preservation of air, water, soil and subsoil quality, natural resources, biodiversity, ecosystems, green spaces, as well as the creation, preservation and reconstitution or regeneration of ecological continuities;

f) combating climate change and ensuring resilience to it;

g) prevention of natural, technological, industrial risks and environmental quality degradation;

h) sustainable mobility management;

i) monitoring and control regarding the implementation of territorial planning and urban planning strategies, policies, programmes and operations;

j) digitalization of territorial planning;

k) ensuring infrastructure development in accordance with community development needs;

l) digitalization of operational and system processes and procedures in fulfilling urban planning duties while respecting the principles of efficiency, effectiveness, accessibility and quality of public services;

m) ensuring the protection of the population and material assets, including those belonging to national heritage, and meeting the strategic and operational needs of the national defence system.

(2) In order to achieve the objectives provided by this code, local and/or central public administration authorities harmonize their decisions regarding the mode of sustainable use of territory, at all its levels, by correlating territorial planning and urban planning documents with national and local strategies.

Article 9 - Objectives of urban planning activity

The main objectives of urban planning activity are:

a) improving living conditions by capitalizing on territorial and community resources, by ensuring coherent development of access to infrastructure and utility networks, by protecting the environment and improving air quality;

b) creating conditions to meet the special needs of children, the elderly and persons with disabilities;

c) efficient use of land in accordance with appropriate urban functions;

d) controlling the expansion of built-up areas and combating uncontrolled urban sprawl;

e) protecting, conserving, enhancing and regulating sustainable development of landscape and immovable cultural and natural heritage;

f) ensuring the architectural and functional quality of the built environment and the landscaped and planted areas in all urban and rural localities;

g) protecting localities against natural disasters and those caused by anthropogenic activities;

h) ensuring balance in the revitalization of urban and rural centres, restructuring of urban spaces and urban development;

i) ensuring pollution control measures, ensuring energy efficiency and the use of renewable resources, using nature-based solutions;

j) ensuring equitable access to public services and ensuring land reserves for these;

k) ensuring functional diversity through multifunctional planning and interconnectivity to create a solid, dynamic public space, with functions and connections between them grouped together in the spatial footprint, to protect against the effects of climate change and for carbon storage, as well as to reduce transport demand;

l) ensuring public health and sanitation;

m) ensuring transport networks and mobility, promoting sustainable transport and improving road safety, implementing the "15-minute city" concept;

n) reducing administrative burden and reducing deadlines for issuing administrative acts through digitalization of administrative operations in the field of urban planning;

o) introducing new mechanisms to ensure more efficient, digitalized and quality administrative processes in construction, including planning structures at the level of functional urban areas;

p) monitoring and control regarding the implementation of strategies, policies, programmes and operations for territorial planning and urban planning;

q) more efficient use of land to improve the current carbon spatial footprint and systematically reduce any additional footprint, with a view to decarbonizing public space.

Article 10 - Territorial development planning

(1) Territorial development planning is carried out through territorial planning documentation with a directive character and through urban planning documentation with a directive and regulatory character.

(2) Planning of national territorial development is carried out through:

a) Romania's territorial development strategy;

b) The national territorial planning plan, structured in sections specialized in sectoral fields;

c) Romania's urban policy.

(3) Planning of county territorial development is carried out through the County territorial planning plan.

(4) Planning of intercommunal or metropolitan territorial development may be carried out on the basis of one of the following instruments:

a) at the level of a master plan through the zonal/intercommunal territorial planning plan, for coordinating the strategic provisions of the general urban plans of the component administrative-territorial units and joint development projects of interest to several administrative-territorial units or parts thereof, in which case each component administrative-territorial unit develops its own general urban plan;

b) at the level of urban planning regulation for the entire metropolitan/intercommunal cooperation area, through the general urban plan of the metropolitan area, in which case it is no longer necessary to develop a general urban plan for each administrative-territorial unit separately, the general urban plan of the metropolitan area being valid for the entire metropolitan cooperation area, under the conditions of applicable legislation;

c) the zonal urban plan for investments carried out on the territory of several administrative-territorial units.

(5) Planning and urban regulation of local territorial development and control of its development are carried out through:

a) the general urban plan;

b) the zonal urban plan developed in accordance with the general urban plan.

Article 11 - Territorial planning documentation

(1) Territorial planning documentation is documentation with a directive character and represents the totality of strategies and territorial planning plans approved and endorsed under the conditions of this code.

(2) The territorial planning documents are:

a) Romania's territorial development strategy;

b) The national territorial planning plan;

c) the county territorial planning plan;

d) the zonal/intercommunal territorial planning plan;

e) the county development strategy.

(3) Through territorial planning documents, the main directions of evolution of a territory are established, which are detailed through specific regulations within the limits of the administrative territories of administrative-territorial units through urban planning documents and through packages of policies, programmes and projects.

(4) Territorial planning documents are prepared by interdisciplinary teams composed of certified specialists, in accordance with the law, which may also include certified specialists from central or local public administration.

(5) Territorial planning documents are prepared in vector format, with updated and complete geospatial data from geographic information systems specific to the fields of activity of public administration authorities and public institutions as support.

(6) Territorial planning documents are drafted in digital and analogue format, at an appropriate scale, depending on the type of document.

Article 12 - Binding nature of territorial planning documents

(1) Territorial planning documents include elements of a binding nature through which the general framework for territorial planning and urban development of localities is established.

(2) The binding provisions contained in approved territorial planning documents are mandatory for all public administration authorities.

Article 13 - Urban planning documents

(1) Urban planning documents are the result of a planning process relating to a determined territory, through which the existing multisectoral situation at the level of an administrative-territorial unit or part thereof is analysed, the problems of the analysed territory are identified and the objectives, actions, processes and measures for mitigating, eliminating the identified dysfunctions and valorising the existing potential are established.

(2) Urban planning documents are divided into:

a) urban planning documents, namely: (i) the general urban plan of the metropolitan area, hereinafter referred to as PUGZM, a document whose preparation is optional and replaces the individual general urban plans of each administrative-territorial unit in the metropolitan area;

(ii) the general urban plan, a document whose preparation is mandatory for all urban or rural administrative-territorial units, except for administrative-territorial units that have chosen planning through PUGZM;

(iii) the zonal urban plan;

b) urban design documents, namely the detailed urban design project.

(3) Urban planning documents are prepared by interdisciplinary teams composed of certified specialists in accordance with the law, which may also include certified specialists from central or local public administration.

(4) Urban planning documents transpose, regulate and detail at the level of administrative-territorial units the binding provisions contained in the national territorial planning plan, the regional territorial planning plan, the county territorial planning plan and the intercommunal territorial planning plan, as appropriate, and in sectoral or integrated strategies.

(5) Urban planning documents are prepared and updated in vector format compatible with geospatial information systems, hereinafter referred to as GIS, with updated and complete geospatial data from information systems specific to the fields of activity of public administration authorities and public institutions, as well as from owners or private operators of technical-utility networks, operators of public electronic communications networks that own or hold in concession such networks and operators of electronic communications infrastructure.

(6) Approved urban planning documents are integrated into the National Territorial Observatory, in accordance with art. 110 para. (6).

Article 14 - Regulatory nature of urban planning documents

(1) Urban planning documents are administrative acts of a normative nature, establishing rules that apply at the level of administrative-territorial units and parts thereof down to the level of cadastral plots, in public and private ownership.

(2) The provisions of the documents referred to in para. (1) are mandatory for the issuance of urban certificates and for the issuance of building permits, modification permits, regularisation permits or demolition permits, for ensuring technical-utility infrastructure and for ensuring equitable access to public services.

(3) The function of the zone regulated through urban planning documents prevails over the destination of land established in accordance with the Land Fund Law no. 18/1991, republished, with subsequent amendments and additions.

Article 15 - Correlation of territorial planning documents and urban planning documents

(1) Territorial planning documents and urban planning documents are mandatorily correlated from national level to local level, as well as from local level to national level, with respect for projects of public interest of higher territorial level, through consultation and approval procedures provided for in this code.

(2) In order to correlate at territorial level the provisions of sectoral and integrated strategies, central and local public administration authorities, intercommunal development associations and public expertise centres for territorial planning and urbanism, provided for in art. 134, collaborate and cooperate on a permanent basis, including through the exchange of data and information on the basis of geographic information systems GIS and through the interoperable information data platform of the national spatial information infrastructure INIS, established by Government Ordinance no. 4/2010, republished.

Article 16 - Romania's territorial development strategy

(1) Romania's territorial development strategy is the guiding document that establishes the integrated vision for sustainable long-term territorial development of the national territory, the major directions of action, policies and programmes/projects through which this vision can be achieved at regional, interregional and national scale, with the integration of relevant aspects at transboundary and transnational level.

(2) Romania's territorial development strategy includes long-term strategic objectives, for 20-25 years, as well as strategic directions of action for sustainable and competitive development of the national territory, which must be detailed and adapted according to the characteristics of the territory within integrated development strategies and plans and investment programmes of public authorities.

(3) In developing Romania's territorial development strategy, the following strategic objectives must be observed:

a) connecting the national territory to the European and intercontinental network through land, air, river and maritime transport corridors;

b) reducing territorial disparities and ensuring increased territorial cohesion of localities in administrative-territorial units;

c) promoting cooperation between urban and rural administrative-territorial units;

d) facilitating the development of the network of development and transport poles at interregional level;

e) conservation, protection, rehabilitation and valorisation of natural and cultural heritage;

f) conservation of biodiversity and promotion of nature-based solutions;

g) promotion and valorisation of tourist areas and areas with tourism potential;

h) increasing public health infrastructure and accessibility to it;

i) increasing public education infrastructure and accessibility to it;

j) development of digital infrastructures and public utility information networks and systems;

k) conservation, improvement and increase of the national forest fund.

Article 17 - Development of Romania's territorial development strategy

(1) Romania's territorial development strategy is developed by the ministry responsible for territorial planning, urbanism and construction, through cooperation and coordination with the responsible ministries for specific competence domains, according to the sectoral domains provided in art. 22.

(2) In compliance with the strategic objectives provided in art. 16 para. (3), Romania's territorial development strategy transposes and harmonises in territorial terms the strategies developed by the responsible ministries for the sectoral domains.

Article 18 - Approval of Romania's territorial development strategy

(1) Romania's territorial development strategy is approved by organic law.

(2) The provisions of Romania's territorial development strategy are transposed in the specialised sections of the National Territorial Planning Plan and are taken up and detailed, mandatorily, in development strategies, territorial planning plans, urbanism plans and public investment programmes.

Article 19 - Romania's urban policy

(1) Romania's urban policy is the strategic document developed at national level that expresses the main directions of sustainable urban development, to ensure the development of resilient, green, inclusive and competitive cities.

(2) The development of Romania's urban policy is ensured by the ministry responsible for territorial planning, urbanism and construction.

Article 20 - Approval of Romania's urban policy

(1) Romania's urban policy is approved by Government decision.

(2) The mandatory elements included in Romania's urban policy are taken up in integrated sustainable local development strategies and urbanism plans.

(3) The adoption of objectives from Romania's urban policy at the level of integrated sustainable local development strategies and urbanism plans is carried out by particularising them according to territorial specifics and the needs of local communities.

Article 21 - National Territorial Planning Plan

The National Territorial Planning Plan, hereinafter referred to as NTPP, is the document through which the guiding lines for planning the development of the national territory are established, through the coordinated and integrated transposition, in territorial profile, of the provisions of Romania's territorial development strategy, the national defence strategy, the sectoral strategies on the domains concerned and natural risk zones.

Article 22 - NTPP Sections

(1) The specialised sections by sectoral domains of the NTPP are as follows:

a) Section I - National public infrastructure;

b) Section II - Natural resources management;

c) Section III - Natural and cultural heritage;

d) Section IV - Network of localities;

e) Section V - Areas with tourism resources;

f) Section VI - Territorial infrastructure for defence.

(2) The specialised sections by sectoral domains of the NTPP provided in para. (1) may have specialised subsections.

Article 23 - Preparation of PATN

(1) PATN sections shall be prepared by interdisciplinary teams of specialists in territorial planning and urbanism in specific sectoral domains, under the coordination of the ministry responsible for territorial planning, urbanism and construction, in collaboration with the relevant ministries in their areas of competence, based on specific studies substantiating the sectoral domains.

(2) The graphic components of PATN shall be prepared and updated in vector format compatible with GIS, using as geospatial support data from the national spatial information infrastructure, and shall be taken over and maintained in the National Territorial Observatory.

Article 24 - National Territorial Planning Plan Section I - National Public Infrastructure

(1) Section I - National Public Infrastructure of PATN comprises the existing national infrastructure, as well as the main directions for its development at the level of the national territory, in compliance with the provisions of development strategies in the areas of competence.

(2) Section I - National Public Infrastructure of PATN comprises proposals regarding:

a) transport networks related to transport infrastructure for each mode of transport, namely road, rail, air and maritime, in correlation with the General Master Plan for Transport of Romania;

b) infrastructure for the transport of electrical energy, natural gas, petroleum products and electronic communications.

(3) The delimitation of land, corridors and sites necessary for the implementation of public utility objectives, namely transport and telecommunications systems, provided for in Section I - National Public Infrastructure shall be detailed through territorial planning documentation and urbanism documentation, with prior approvals from the responsible ministries/agencies.

(4) Authorization by local public administration authorities for the execution of construction works on land reserved for the development of projects of national or regional interest established through the national territorial planning plan shall be granted only with the express approval of the specialized body of the central public administration that establishes policy in the sectoral domain.

Article 25 - National Territorial Planning Plan Section II - Natural Resources Management

(1) Section II - Natural Resources Management of PATN comprises:

a) detailing of natural resources of national interest existing, as well as the main directions for conservation, protection, rehabilitation, exploitation and development of natural resources;

b) proposals regarding the management of water resources, soils, forests, energy resources and mineral resources.

(2) The provisions of Section II - Natural Resources Management of PATN are mandatory and shall be taken over in urbanism documentation.

(3) The delimitation of land, corridors and sites within the perimeter of which works for conservation, protection, rehabilitation, development, exploitation or any other types of works on natural resources shall be carried out, as well as the legal limits and urbanism limits and prohibitions established for natural resources included in Section II - Natural Resources Management of PATN shall be carried out through territorial planning documentation and urbanism documentation.

Article 26 - National Territorial Planning Plan Section III - Natural and Cultural Heritage

(1) Section III - Natural and Cultural Heritage of PATN establishes the heritage values of national, community and international interest on the territory of Romania, as well as the main directions for their conservation, protection and enhancement.

(2) The provisions of Section III - Natural and Cultural Heritage of PATN are mandatory and shall be taken over and detailed in regional development plans and strategies, the county territorial planning plan, the zonal territorial planning plan, as well as in urbanism documentation.

(3) For protected built-up areas of international and national interest, zonal urban plans shall be prepared, in accordance with art. 62 para. (6) lit. b), in correlation with the management plans of UNESCO monuments.

Article 27 - National Territorial Planning Plan Section IV - Network of Localities

Section IV - Network of Localities of PATN is the section that structures the network of urban and rural localities by ranks and establishes:

a) minimum equipment standards for localities with technical-utility infrastructure, public transport and access to national/international transport infrastructure, educational institutions, culture, health and research, administrative, depending on the rank of the locality;

b) indicators for monitoring local development;

c) criteria for changing the ranks of localities and transition from one rank to another, in ascending manner - commune - city - municipality or in descending manner - municipality - city - commune;

d) sectoral and integrated policies at national level regarding urban and rural areas, including the national urban development policy;

e) territories with special regulations at national level: Danube Delta, coastal zone, mountain zone, for which the obligation to prepare documentation of the type intercommunal territorial planning plan may be provided.

Article 28 - National Territorial Planning Plan Section V - Areas with Tourist Resources

(1) Section V - Areas with Tourist Resources identifies, based on intersectoral criteria regarding natural and cultural tourism potential, areas with tourist resources, formed by one or more administrative-territorial units on the territory of which there is a large and very large concentration of natural and anthropogenic resources, which can generate the development of one or more forms of tourism, as well as the directions for their development.

(2) On land reserved for the development of projects of national or regional interest, established through the National Territorial Planning Plan, local public administration authorities are prohibited from authorizing the execution of construction works without the express approval of the specialized body of the central public administration that establishes policy in the sectoral domain.

Article 29 - National Territorial Planning Plan Section VI - Territorial Infrastructure for Defence

(1) Section VI - Territorial Infrastructure for Defence comprises the objectives necessary to meet strategic and operational needs, used exclusively for the purpose of national defence, in particular to ensure military mobility, facilitate the flow of strategic resources transport or state reserves and mobilization, which are, through the programme for operational preparation of the territory for defence, established by the legislation in the field of preparing the national economy and territory for defence.

(2) The objectives of operational preparation of the territory for defence are an integral part of the territorial infrastructure within the national defence system and include constructions, works and territorial arrangements that may have dual civil-military use or military use, permanent or temporary, in peacetime, in case of armed aggression, upon the institution of a state of siege or upon the declaration of a state of mobilization or a state of war, for the benefit of increasing defence capacity and ensuring the protection of the population and material goods, including those that are part of the national heritage.

Article 30 - Approval of PATN

(1) The component sections of PATN are approved by organic law.

(2) Operations of national interest are projects or sets of interrelated projects for development or, as the case may be, for the protection and enhancement of natural or built heritage, which address problems of strategic national/regional interest that are defined in the sections of the National Territorial Planning Plan that benefit from a special regime for planning and/or building authorization and an accelerated procedure for issuing all opinions and approvals.

(3) The implementation of new operations of national interest, considered priority and not included in the guidelines provided by the sections of PATN and which are correlated with its provisions are approved by Government decision.

(4) The programmes concerning the execution of works related to the development directions provided in the sections of PATN are approved by Government decision, initiated by the ministries responsible for the relevant sectoral policy related to the specific section of PATN.

(5) The provisions of the sections of PATN are mandatory and are incorporated into the territorial planning documentation and urban planning documentation, as well as into the strategies and sectoral plans at regional, county or local level.

Article 31 - County Territorial Planning Plan

(1) The County Territorial Planning Plan, hereinafter referred to as PATJ, is the strategic territorial planning documentation through which the strategic directions established at national, regional and county level are formulated and transposed in an integrated and coordinated manner, in territorial profile, the medium and long-term objectives of the county are established regarding territorial balance, the establishment of various infrastructures of county interest, space management, intermodality and the development of mobility and transport, energy control and recovery, combating climate change, air quality, conservation and protection of water resources, protection and restoration of biodiversity, waste prevention and management, remediation of contaminated sites, management of natural and anthropogenic risks and hazards.

(2) PATJ is the main instrument of strategic territorial planning at county level, through which the coordination of urban and territorial development of the administrative-territorial units within the administrative perimeter is ensured.

(3) Under the care of the county council, the provisions of PATJ are correlated with the provisions of PATJ approved at the level of neighbouring counties, on the basis of mutual consultations, in accordance with the procedure for elaboration, modification/updating and approval of territorial planning documentation and urban planning documentation prepared by the ministry responsible for the field of territorial planning, urbanism and construction and approved by ministerial order.

(4) In the case of counties that include border areas, PATJ includes elements regarding cooperation in the cross-border territory.

(5) The approval of PATJ is carried out in accordance with the provisions of art. 86 regarding the integrated approval of territorial planning documentation and urban planning documentation.

Article 32 - Content of PATJ

(1) PATJ includes a strategic macro-territorial zoning of the county territory, defining the zones in the county that become the subject of specific policies, such as: zones with tourism potential, deep rural zones, industrial and mining zones, functional urban zones, contaminated sites, ecological corridors or areas and networks, as well as land use for adaptation of constructions in flood-prone zones.

(2) For the zones provided in para. (1), the PATJ proposals shall include the delimitation of specific zones in which, depending on the identified characteristics, proposals of a directive nature are established regarding the operational provisions that will be included in general urban plans or in intercommunal territorial planning plans.

(3) For zones with specific territorial characteristics, the county territorial planning plan may include the obligation or recommendation to prepare an intercommunal territorial planning plan, for the detailing of the directive provisions at the level of the intercommunal territory.

(4) Through PATJ, zones with prohibition of introduction into building areas can be delimited, for a period of time defined, in order to comply with the requirements of environmental and landscape protection, specific requirements of defence, public order and national security activities or for the conservation and provision of land for agriculture or for the use of land for flood risk management or for other public projects of general interest.

(5) PATJ includes:

a) substantiation studies for the following main fields: demography, settlement network, public service infrastructure of general interest, public facilities, environment and natural heritage, culture and historical heritage, economic development; where appropriate, the county council, through its specialized structure, may decide to prepare substantiation studies in other fields, depending on the specifics of the territory;

b) analysis of the existing situation, identification of elements that condition development, highlighting problems, dysfunctions and trends, identification of zones with natural or cultural potential;

c) prospective and general diagnosis;

d) territorial development strategy of the county;

e) development policies of the county and elements of a directive nature, which are mandatorily incorporated into the general urban plans of the administrative-territorial units in the county at the time of their updating or modification;

f) implementation plan comprising the phasing of implementation of major investment projects of the county, those responsible and the financing sources for these projects, representing the operational planning component, in correlation with the provisions of the county's development strategy and with available resources.

(6) The substantiation studies provided for in para. (5) lit. a) are prepared by specialists with signature rights acquired under the conditions of the law, under the coordination of the specialized apparatus of the county council or are made available to the specialized apparatus of the county council by bodies with responsibilities in managing specific fields, in case they were previously prepared.

(7) The substantiation studies provided for in para. (5) lit. a), as well as the analysis of the existing situation and the prospective and general diagnosis of the county, provided for in para. (5) lit. b) and c), are also used for substantiating the integrated sustainable county development strategy.

(8) PATJ may include the obligation to prepare zonal urban plans within certain administrative-territorial units, in order to transpose proposals of a directive nature for projects of county interest.

(9) In the situation provided for in para. (8), the county council ensures the financing of the zonal urban plan.

(10) Based on the directive provisions contained in PATJ, feasibility studies can be carried out for investment projects of county interest or local interest.

Article 33 - Preparation of PATJ

(1) The initiative to prepare PATJ and correlation with the county development strategy is the responsibility of the county council. The procedures for initiating the preparation/updating of PATJ and the technical coordination of the preparation, approval, and promotion process are the responsibility of the county chief architect institution.

(2) PATJ is prepared by interdisciplinary teams of specialists under the coordination of a specialist with signature rights in territorial planning, granted by the Register of Urban Planners of Romania, under the conditions of the law.

(3) The preparation of PATJ is carried out, according to para. (2), either through the specialized apparatus of the county council, when the necessary professional capacity exists according to para. (2), or by the centres of expertise in territorial planning and urbanism provided for in art. 134, or by legal entities contracted through public procurement, in accordance with current legislation on public procurement.

(4) To support the preparation of PATJ, a working group is established consisting of representatives of the county council, institutions subordinate to it, public utilities and local public services providers, and deconcentrated public services of the competent central public administration authorities.

(5) Central public institutions and holders of data and information of a territorial nature are obliged to make available to the initiator free of charge, within a maximum of 15 days, the data, information, approved studies at the level of public authorities, necessary for the preparation of PATJ and spatial coordination of sectoral policies, at the request of the county council.

(6) Based on the data, information and studies made available, as well as on the basis of specific substantiation or specialized studies, the team of specialists prepares a first version of PATJ which is subject to analysis by the technical commission for territorial planning and urbanism at county level.

Article 34 - Correlation of PATJ with sectoral strategic documents

(1) PATJ, strategies and plans developed at national and local level in sectoral fields, as well as safety and protection zones specific to them are correlated in order to ensure compatibility between the vision of territorial development in the initiation, substantiation, preparation, approval and implementation of territorial planning and urban documentation of the county provided for by specialized substantiation studies and proposals from the county's territorial development strategy.

(2) In the preparation of PATJ, policies and territorial programmes, territorial compatibility is ensured between the development vision of local authorities and communities, safety and protection zones already established and the provisions of the following sectoral strategic documents:

a) waste management plans, prepared under Government Emergency Ordinance no. 92/2021 on the waste regime, approved with amendments and additions by Law no. 17/2023, with subsequent amendments and additions;

b) medium and long-term strategies developed by the competent ministry in the field of national interest transport;

c) medium and long-term strategies for the expansion, development and modernization of public local and county passenger transport services, prepared under the Law on public passenger transport services in administrative-territorial units no. 92/2007, with subsequent amendments and additions;

d) county master plans for water supply and sewerage services, prepared under the Law on water supply and sewerage service no. 241/2006, republished, with subsequent amendments and additions;

e) national strategy on water supply, collection and treatment of urban wastewater;

f) accelerated plan for compliance with European directives in the field of water and wastewater;

g) air quality maintenance plans, air quality plans and short-term action plans, prepared under Law no. 104/2011 on ambient air quality, with subsequent amendments;

h) strategic noise maps and action plans for noise management and its effects, prepared under Law no. 121/2019 on the assessment and management of ambient noise, with subsequent amendments and additions;

i) aeronautical servitude zones, according to Law no. 21/2020 on the Air Code, with subsequent amendments and additions, and prepared on the basis of civil aeronautical regulations, RACR-AVZ, edition 2/2020;

j) safety zone, protection zone, minimum safety zone, protection and functionality zone, zone with special designation, protection zone of the zone with special designation and zones with civil aeronautical easements, land surfaces delimited according to Government Ordinance no. 43/1997 on the regime of roads, republished, with subsequent amendments and additions, Government Emergency Ordinance no. 12/1998 on transport on Romanian railways and the reorganization of the National Company of Romanian Railways, republished, with subsequent amendments and additions, Order of the Minister of Transport, Infrastructure and Communications no. 2.031/2020 on the approval of the Procedure for issuing the opinion of the Ministry of Transport, Infrastructure and Communications for technical documentation, technical-economic documentation and urban planning documentation of third parties, for objectives located in the area of road transport infrastructure of national interest, railway and metro, Government Ordinance no. 22/1999 on the administration of ports and navigable waterways, the use of naval transport infrastructures belonging to the public domain, as well as the conduct of naval transport activities in ports and on inland navigable waterways, republished, with subsequent amendments and additions, and Government Ordinance no. 79/2000 on the regime of navigation on the Danube-Black Sea Canal and the Porta Albă-Midia-Năvodari Canal, approved with amendments and additions by Law no. 55/2002, as well as Order of the Minister of Transport no. 735/2015 for the approval of the Romanian Civil Aeronautical Regulation on the establishment of zones with civil aeronautical easements and the conditions for issuing opinions on technical documentation related to objectives in these zones or in other zones where they may constitute obstacles to air navigation and/or may affect flight safety on the territory and in the airspace of Romania RACR-ZSAC, edition 1/2015, with subsequent amendments and additions;

k) General Master Plan for Transport in Romania, strategic document approved by Government Decision no. 666/2016 for the approval of the strategic document General Master Plan for Transport in Romania, with subsequent amendments;

l) Strategy for the development of railway infrastructure 2021-2025, approved by Government Decision no. 985/2020 for the approval of the Strategy for the development of railway infrastructure 2021-2025;

m) flood hazard maps and flood risk maps, prepared pursuant to Government Decision no. 447/2003 for the approval of methodological norms on the manner of preparation and content of natural risk maps for landslides, flood hazard maps and flood risk maps, with subsequent amendments;

n) compatibility zone plans related to sites that fall within the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, with subsequent additions;

o) risk analysis and coverage plans, prepared pursuant to Law no. 307/2006 on fire protection, republished, with subsequent amendments and additions;

p) management plans for river basins, prepared and updated by the Basin Water Administrations, as well as the national management plan for the portion of the international river basin of the Danube River that is included in the territory of Romania, prepared and updated by the National Administration "Romanian Waters";

q) inventory of potentially contaminated, contaminated and remediated sites, prepared pursuant to Law no. 74/2019 on the management of potentially contaminated and contaminated sites;

r) management plans for protected natural areas, prepared and ecological corridors designated pursuant to Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas, conservation of natural habitats, flora and wildlife, approved with amendments and additions by Law no. 49/2011, with subsequent amendments and additions;

s) integrated management plan for the coastal zone, prepared on the basis of Government Emergency Ordinance no. 202/2002 on integrated management of the coastal zone, approved with amendments and additions by Law no. 280/2003, with subsequent amendments and additions;

t) flood risk management plans;

u) territorial landscape plans for counties containing cultural landscapes of national interest, in accordance with the provisions of art. 195;

v) maritime space planning plan, according to Government Decision no. 436/2018 on the approval of the Methodology for preparing the maritime space planning plan;

w) sanitary protection zones established by Order of the Minister of Health no. 119/2014 for the approval of Hygiene and Public Health Norms regarding the living environment of the population, with subsequent amendments and additions;

x) sanitary and hydrogeological protection zones established by Government Decision no. 930/2005 for the approval of Special Norms regarding the character and size of sanitary and hydrogeological protection zones and Order of the Minister of Environment and Forests no. 1.278/2011 for the approval of Instructions on the delimitation of sanitary protection zones and the hydrogeological protection perimeter.

Article 35 - Opinion and approval of PATJ and coordination with other documentation

(1) PATJ shall be reviewed by the integrated review commissions provided for in this code, shall be subject to strategic environmental assessment and shall be approved by decision of the county council, adopted by absolute majority.

(2) The provisions of PATJ are mandatory for general urban planning plans adopted at the level of administrative-territorial units in the county and for all integrated strategies for sustainable local development.

(3) On the basis of PATJ, building permits are issued directly for main networks, communication routes, land improvement arrangements, hydrotechnical arrangements, electronic communications networks or other infrastructure works, which are executed in the extraurban area of administrative-territorial units or on the territory of at least two administrative-territorial units, as well as other objectives of public interest of county importance for which regulations are provided for construction.

Article 36 - Update of PATJ

(1) The update or modification of the county territorial development plan may be carried out by components, sections or in its entirety. In the event of the need to update/modify the PATJ by components or sections, this shall be carried out through a simplified procedure, with the obtaining of opinions/approvals concerning the components/sections for which the update/modification of the PATJ is necessary.

(2) The update of the PATJ is mandatory in the following situations:

a) in the event that significant changes have occurred in the elements that formed the basis for the preparation of the documentation or new elements with a directive character have appeared resulting from national or regional strategies, with the opportunity to carry out one or more major investments with implications for certain determining parts of the territory;

b) in the event that significant changes occur within the specialized and/or general legislative framework, changes that render the provisions of the approved, in force documentations inoperative;

c) in the event that significant changes occur in the demographic and socioeconomic structure of the county;

d) in the event that changes occur regarding the territorial structure of local public administrations.

(3) The county chief architect institution monitors the implementation of the PATJ and periodically analyzes the need to update the PATJ, and in the event of identifying the need, it initiates, in accordance with the law, its update, through a simplified procedure in accordance with para. (1) if sectoral modifications are necessary or through the ordinary procedure if major modifications are necessary, which affect multiple sectoral domains. The term for the full revision of the PATJ may not exceed 15 years from the last full revision.

Article 37 - Zonal/intercommunal territorial development plan

(1) The zonal territorial development plan is the strategic territorial planning documentation, with a directive character, prepared to ensure a coherent and competitive vision of sustainable territorial development. In the event that the zonal territorial development plan is prepared for several administrative-territorial units organized in the form of intercommunal development associations or administrative consortia, in accordance with specific legislation, it is called the Intercommunal Territorial Development Plan.

(2) The zonal/intercommunal territorial development plan, hereinafter referred to as PATZ/I, is prepared for the territory of several administrative-territorial units, counties or parts thereof, or transboundary territory, based on the principles of sustainable development.

(3) By evaluating the dysfunctions and development needs at the level of the intercommunal territory, the territorial diagnosis is established, based on the identification of the main development problems of the administrative-territorial units and their integrated development needs, from an economic point of view, of facilities/equipment and public services, of the transport network, utility networks, needs regarding environmental protection, air quality, water resources, agricultural and forestry areas, protection and increase of green and recreational spaces, protection of cultural and natural heritage, potentially contaminated and contaminated sites, with the taking over and integration of projects, programs and policies of national and county interest.

(4) The objectives for the development and arrangement of the intercommunal territory include at least the following: proposals for the development of the transport network, energy infrastructure, including renewable energy, water, electronic communications, waste management, maintenance and development of green and recreational space systems, proposals for reducing environmental problems, ensuring air quality and protection of water resources, proposals regarding soil and subsoil protection to ensure effective protection of areas where industrial activities or activities with potential for soil contamination are carried out, protection of the specific local identity of the area, protection and rehabilitation of natural and cultural heritage elements, remediation of contaminated sites, development of educational, health, cultural infrastructure, in accordance with development trends and the vision of communities.

Article 38 - Preparation and approval of the zonal/intercommunal territorial development plan

(1) The zonal/intercommunal territorial development plan is initiated by the intercommunal development association and is prepared by interdisciplinary teams of specialists under the technical coordination of the specialized apparatus of the county council, respectively of the county chief architect institution and is financed from the budget of the intercommunal development association. In the event that the intercommunal development association includes administrative-territorial units from several counties, technical coordination is carried out by the specialized apparatus of the respective counties.

(2) The preparation of the zonal/intercommunal territorial development plan is carried out at the initiative of administrative-territorial units, other than those organized in intercommunal development associations, under the technical coordination of the specialized apparatus of the county council, in which case the financing of its preparation is ensured through contributions from the budgets of the administrative-territorial units.

(3) The PATZ/I is approved by each of the administrative-territorial units that initiated the process of its preparation and enters into force after approval by the administrative-territorial units through decisions of the local councils, adopted by absolute majority.

Article 39 - General urban plan of the metropolitan area

(1) The general urban plan of the metropolitan area, hereinafter referred to as PUGZM, is urban planning documentation whose preparation is optional, through which urban planning is ensured for integrated and coordinated development of administrative-territorial units, harmonization of land use decisions is ensured based on sustainable development principles, on priority areas relevant to the metropolitan territory: economic development, transport network, technical-utility networks, public facilities and equipment and services in residential areas, provision of environmental protection measures, agricultural areas, forest areas, protection and development of green spaces and recreational areas, protection of natural heritage and cultural heritage, provisions regarding climate resilience, promotion of renewable energy sources use, implementation of circular economy measures, as well as other areas of general public interest.

(2) PUGZM establishes urban regulations simultaneously for multiple administrative-territorial units, included in a metropolitan area constituted under Law no. 246/2022 on metropolitan areas, as well as for the amendment and completion of certain normative acts, with subsequent amendments, namely of art. 5 lit. qq) of Government Emergency Ordinance no. 57/2019 on the Administrative Code, with subsequent amendments and completions.

(3) The preparation of PUGZM is initiated by the metropolitan area and is carried out by centres of expertise in territorial planning and urbanism, through interdisciplinary teams of specialists with PUG signature rights. Until the establishment of centres of expertise in territorial planning and urbanism, the preparation of PUGZM may be carried out at the level of the technical apparatus of the metropolitan area organized according to Law no. 246/2022, with subsequent amendments, when at this level there are interdisciplinary teams of specialists with signature rights for PUG, or by legal entities contracted through public procurement according to Law no. 98/2016 on public procurement, with subsequent amendments and completions.

(4) For administrative-territorial units in the metropolitan area that initiated the preparation of general urban plans prior to the decision to prepare PUGZM, the documentation prepared is taken over and updated within the preparation of the general urban plan of the metropolitan area.

(5) In the situation where PUGZM is prepared, the component administrative-territorial units of the metropolitan area no longer need to prepare individual general urban plans.

Article 40 - Approval and effects of PUGZM approval

(1) The general urban plan of the metropolitan area is approved by each local council of the administrative-territorial units that are members of the metropolitan area and enters into force progressively for each administrative-territorial unit after approval by its own local council, starting from the date of PUGZM approval by the polarizing administrative-territorial unit and by at least 50% + 1 of the member administrative-territorial units of the metropolitan area.

(2) After PUGZM enters into force, its provisions replace the general urban plans previously approved for each component administrative-territorial unit of the metropolitan area that approved PUGZM according to para. (1).

Article 41 - Zonal urban plan for investments carried out on the territory of multiple administrative-territorial units

(1) The zonal urban plan for investments carried out on the territory of two or more administrative-territorial units represents a unitary urban planning documentation, which is approved by each of the interested local councils.

(2) Zonal urban plans for public investments provided in the content of higher-ranking strategies or plans are not conditioned by the prior issuance of an initiation opinion.

(3) In cases other than those provided in para. (2), mutual consultation of the specialized structures within the interested administrative-territorial units that propose the issuance of the initiation opinion issued by the county chief architect and approved by the county council president is mandatory. The consultation shall be materialized by the issuance of an opinion by each mayor.

(4) The zonal urban plan for investments carried out on the territory of two or more administrative-territorial units is approved by the decision of the local council of each administrative-territorial unit included in the plan, adopted by absolute majority and enters into force on the date of adoption of all local council decisions.

Article 42 - Integrated strategy for sustainable intercommunity/local development

(1) The integrated strategy for sustainable intercommunity development is the document applicable at the level of intercommunity development associations that establishes the vision and sustainable development objectives that are transposed into spatial plan through the zonal/intercommunity territorial planning plan and urban plans.

(2) The integrated strategy for sustainable local development is the document applicable at the level of the administrative-territorial unit that establishes the vision and sustainable development objectives that are transposed into spatial plan through urban plans.

(3) The preparation of the integrated strategy for sustainable local development is mandatory only in the case of administrative-territorial units that are not associated within an intercommunity development association and that have not approved an integrated strategy for sustainable intercommunity urban development.

Article 43 - Preparation of the integrated strategy for sustainable local development

(1) The preparation of the integrated strategy for sustainable local development is ensured by the local public administration authority, with the participation of all departments within the specialized apparatus of the mayor.

(2) In developing the integrated sustainable local development strategy, its compatibility with Romania's urban policy, the national sustainable development strategy, and other relevant national strategies and policies, as well as sectoral strategies, programmes, policies and projects approved at local level shall be ensured.

Article 44 - Approval and effects of approval of the integrated sustainable local development strategy

(1) The integrated sustainable local development strategy shall be approved by a decision of the local council adopted by absolute majority.

(2) The provisions of the integrated sustainable local development strategy shall be transposed into the General Urban Plan and zonal urban plans.

(3) Implementation of the integrated sustainable local development strategy shall be monitored based on sustainable development indicators and the set of indicators defined by Romania's Urban Policy.

Article 45 - General Urban Plan

(1) The General Urban Plan, hereinafter referred to as PUG, is urban planning documentation with a directive and regulatory character that establishes the prospective evolution of the administrative-territorial unit, the directions of functional development in the territory, the urban regulations applicable directly at the level of the administrative-territorial unit down to the level of cadastral parcels, constituting mandatory elements for issuing urban certificates and building/demolition permits and for implementing public investments.

(2) Through PUG, the provisions of the integrated sustainable local development strategy and sectoral strategies, where applicable, and territorial planning documentation shall be transposed in territorial profile, respecting the principles and objectives provided in art. 7, art. 8 and art. 9 of this code.

(3) The elaboration and updating of PUG is mandatory for each administrative-territorial unit, with respect to its entire administrative territory, both within and outside town limits, with the exception of administrative-territorial units that are part of a metropolitan area that have decided to elaborate a PUGZM.

Article 46 - Urban regulations established through PUG

(1) PUG includes urban regulations, mandatory at the level of the entire administrative-territorial unit, regarding:

a) establishing and delimiting the built-up territory in relation to the administrative territory of the administrative-territorial unit;

b) delimiting and defining territorial reference units at the level of the entire administrative-territorial unit;

c) establishing the manner of occupation and use of land within the built-up area, by setting minimum and maximum urban indicators at the level of territorial reference units, including permitted heights;

d) functional zoning at the level of the entire administrative-territorial unit in correlation with the organization of the circulation network;

e) ensuring a good urban structure and an optimal level of population density, generating compact localities that use territory sustainably;

f) concrete provisions regarding reducing commute time and distance for the population in functional zones, through implementation of the proximity urban model concept, offering sustainable transport options;

g) delimiting areas affected by legal limitations of property rights, restrictions, limits and urban prohibitions;

h) modernization and development of technical-utility infrastructure and health, educational, social, cultural and sports infrastructure, ensuring increased quality of life and efficient public services;

i) modernization and development of technical-utility infrastructure and health, educational, social, cultural and sports infrastructure;

j) establishing protected built areas and protection zones for any immovable property with special regulations;

k) forms of property ownership and legal circulation of land, as resulting from available information and from the supporting studies underlying the plan's elaboration, as well as immovable property proposed for expropriation;

l) clarifying the conditions of density, placement and conformity of built, arranged and planted volumes;

m) natural and anthropogenic risk zones delimited and declared as such in accordance with the law, as well as risk zones due to historical waste deposits;

n) sites as defined in art. 3 of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, as subsequently amended, as well as appropriate safety distances between these sites and residential areas, buildings and areas frequented by the public, recreational areas and, to the extent possible, major transport routes;

o) areas where restrictions on access of vehicles with CO₂ emissions are introduced, namely zero-emission zones or low-emission zones, as well as measures to improve air quality in urban centres;

p) specific measures regarding prevention and mitigation of risks, land use and construction in the areas provided in lit. j) through the proposal of regulations taking into account resilience principles;

q) measures regarding identification of areas where measures can be taken to mitigate the impact of climate change such as cladding or painting buildings in light tones, without affecting the architecture of buildings and natural, cultural or landscape heritage values;

r) urban regeneration and urban restructuring zones;

s) establishing and delimiting areas characterized by a high degree of complexity or pronounced urban dynamics for which the elaboration of zonal urban plans is mandatory;

t) establishing and delimiting areas for which modification of urban regulations through zonal urban plans is prohibited, in order to preserve the parcel structure and built heritage, in situations where such measures have been established through supporting studies regarding heritage protection;

u) establishing and delimiting areas consisting of built-up territory, areas in the territory outside town limits proposed for development through extension of the built-up area or those in the built-up territory proposed for reduction;

v) establishing and delimiting areas with temporary or permanent prohibition on construction;

w) routes and circulation corridors, as provided at the level of territorial planning documentation and in master plans and specific documents for transport infrastructure of national interest;

x) establishment of green areas, green belts, green infrastructure and green-blue infrastructure, ecological corridors;

y) delimitation of protected landscapes of local interest;

z) delimitation of areas of importance for urban identity, such as central areas, waterfront areas, landscapes with cultural and/or natural values of local importance, cornices, peaks, ridges and emblematic urban perspectives;

aa) clear rules for protecting green spaces or natural ecosystems and identification of land that could be transformed into green spaces, thus ensuring public access to recreation and leisure areas;

bb) specific conditions regarding the implementation of subdivision and re-subdivision, depending on the particularities of the location;

cc) general systems of equipment and facilities of public interest: circulation and public transport, public utility infrastructure, green spaces, public open spaces, public facilities;

dd) areas declared as long-term land reserve;

ee) areas proposed for reservation and long-term establishment of public real estate assets;

ff) areas with special designation and their protection zones;

gg) archaeological sites with protection zones, as well as areas with identified archaeological heritage;

hh) delimitation of contaminated sites and measures to protect human health and the environment from the effects of soil contamination resulting from economic activities with contamination potential.

(2) PUG includes detailed regulations regarding:

a) the central area of the locality; in urban or rural areas that have complex central zones, the central area of the locality may be further detailed through PUZ;

b) historical monuments, protection zones of historical monuments and protected built areas; protected built areas shall be detailed through PUZ;

c) cultural landscapes of local interest;

d) other protected areas of local interest;

e) flood-prone areas;

f) sanitary protection zones;

g) protection zones for watercourse beds, banks, and hydraulic structures.

(3) For the areas provided in para. (2), the urban planning regulations established through PUG shall be defined based on specific substantiation studies.

(4) For localities with a high degree of complexity, PUG incorporates into its structure the zonal urban plan for the central area of the administrative-territorial unit and for protected areas within and outside the town limits, if these were approved prior to initiating the procedures for elaborating or updating PUG in accordance with the provisions of art. 76 para. (1).

(5) In order to ensure coherent and rational use of the territory of localities, areas with land use coefficients (CUT) with a value greater than 4 are established only through the General Urban Plan and the related local regulation.

Article 47 - Correlation of PUG with other strategic documents

(1) In the elaboration of PUG, information contained in strategies, documents and plans from relevant sectoral domains shall be used, such as:

a) integrated strategy for sustainable local development or integrated strategy for urban development;

b) air quality plan, elaborated under Law no. 104/2011 on ambient air quality, as subsequently amended;

c) sustainable urban mobility plan;

d) local landscape plan for administrative-territorial units containing cultural landscapes of national interest, in accordance with the provisions of art. 194;

e) strategic noise maps and action plans;

f) flood hazard and risk maps;

g) register of green spaces, elaborated under Law no. 24/2007 on the regulation and management of green spaces within the town limits of localities, republished, as subsequently amended and supplemented;

h) inventory of potentially contaminated, contaminated and remediated sites;

i) action plans for sustainable energy and climate;

j) national forestry strategy;

k) national strategy and national plan for biodiversity conservation;

l) approved management plans for protected natural areas overlapping the territory for which PUG is being elaborated;

m) action plans for the protection and conservation of protected species, approved.

(2) The sectoral documents provided in para. (1), approved prior to PUG through local council decisions or through decisions of the general council of Bucharest Municipality, whose provisions are not in accordance with the new vision and new provisions of PUG shall be mandatorily correlated with the approved form of PUG, within 1 year from the date of its approval.

(3) PUG shall comply with the provisions of territorial planning plans.

Article 48 - Content of PUG

(1) PUG consists of mandatory and optional components and is differentiated based on the category of the administrative-territorial unit, namely urban or rural, the number of inhabitants and its inclusion in the network of localities, established through the National Territory Planning Plan section IV - Network of localities.

(2) PUG comprises mandatory written and drawn components which may be supplemented according to the specifics of the administrative-territorial unit with optional written and drawn components.

(3) PUG is developed in a GIS system using simultaneously two categories of information that support decisions, namely:

a) vector-type data through which spatial entities that are regulated urbanistically are represented, such as administrative boundaries, boundaries of reference territorial units, parcel boundaries, boundaries of protection zones, functional zones, buildings, roads, networks and similar;

b) attribute-type data through which specific information associated with each of the regulated spatial entities is managed.

Article 49 - Mandatory written components of PUG

(1) The mandatory written components of PUG are:

a) the general report which includes the diagnostic report on the state of the territory and the spatial development strategy;

b) the local urban planning regulation;

c) the action plan for PUG implementation and the public investment programme with cost-benefit analyses - analysis of direct and indirect social, economic and environmental benefits.

(2) The diagnostic report on the state of the territory presents the main data and issues resulting from the analysis of the current development stage, the dysfunctions resulting from critical, multi-criteria and integrated analysis of the existing situation and presents the proposals for urban planning and development, justification of alternative proposals for eliminating or reducing them, in accordance with the conclusions of the supporting studies and the conclusions of the public consultation process.

(3) The diagnostic report provided in para. (2) is also developed prospectively, based on the analysis of historical evolution, as well as economic and demographic forecasts, specifying the identified needs in terms of economic, social and cultural development, spatial planning, environment, housing, transport, public spaces, facilities and services for the forecasted period.

(4) The general report presents the main data and issues resulting from the analysis of the current development stage, highlighting dysfunctions, as well as proposals for territorial planning and urban development in accordance with the conclusions of the supporting studies.

(5) The spatial development strategy analyzes alternative scenarios for eliminating or reducing dysfunctions, for capitalizing on existing potential and for addressing prospectively identified needs, including the territorial implementation of the provisions of the integrated sustainable local development strategy and sectoral strategies, where applicable, and territorial planning documentation, while respecting the principles and objectives provided in art. 7-9 of this code. The spatial development strategy establishes or updates specific objectives and indicators of spatial development and their targets scheduled over time and justifies the choice of the optimal alternative whose proposals and measures are reflected in the local urban planning regulation and in the action plan.

(6) The local urban planning regulation contains urban planning regulations, including legal limitations of private property rights and urban planning limits and prohibitions which aim at sizing, conforming and quality of public services and facilities, public space, functional zones at the locality level, establishing the rules for land occupation and placement of buildings and related arrangements, the routes and dimensions of communication routes and utility networks.

(7) The local urban planning regulation establishes the rules applicable to properties included in the territory covered by the plan. For this purpose, it must:

a) determine the dominant land use per zones according to the categories provided by this code, by specifying the main use that can be made of it and, where applicable, the nature of activities that may be prohibited or subject to specific conditions, as well as the different modes of land occupation that are subject to regulations;

b) regulate, depending on local situations, prescriptions regarding the placement of buildings in relation to communication routes, different protection zones and other buildings;

c) establish prescriptions regarding access, servicing, technical-utility equipment and, where applicable, minimum buildability conditions regarding the dimensions and area of the property;

d) regulate requirements regarding the ground occupation of buildings, their height and, where applicable, their external appearance;

e) develop prescriptions regarding obligations imposed with respect to the construction of parking spaces, green spaces and play and recreation areas. When the regulation adopts prescriptions regarding obligations imposed with respect to the construction of parking spaces, these obligations do not apply to renovation or consolidation works of existing buildings;

f) establish situations in which total or partial demolition of a building or group of buildings included in a protected built-up area may be prohibited or subject to special requirements;

g) establish minimum and maximum land occupation coefficients for each zone or part of zone and the conditions under which these coefficients may possibly be exceeded in accordance with this code, including establishing maximum density indices allowed to ensure public health and safety;

h) establish prescriptions designed to ensure the protection of landscape elements, neighbourhoods, streets, monuments, places and sectors that are to be protected or enhanced.

(8) The action plan is the document that establishes the manner of implementation of the public investment programme proposed through PUG, highlights the actions, the name of investments, their estimated value, possible sources of financing, the scheduling of investment implementation, the stage of their implementation at the time of programme development and the parties responsible for implementation.

Article 50 - Mandatory drawn components of PUG

(1) The mandatory drawn components of PUG are:

a) territorial framework, highlighting the relationship with territorial planning documents and relevant national strategies;

b) existing situation, highlighting dysfunctions;

c) reference territorial units;

d) urban regulations, marking all functional zones, protection zones, conditions, limits and urban prohibitions;

e) coordination of utility networks, regulations and standards regarding utility infrastructure of the territory;

f) legal circulation of land and public utility objectives, indicating areas proposed for expropriation;

g) objectives of public interest, marking existing or to be implemented public urban equipment and facilities that provide basic services necessary for all residents: circulation and public transport, public utility infrastructure, public spaces, public equipment, buildings for health, education, social, cultural, sports services;

h) plan with compatibility zones for sites that comply with the provisions of Law no. 59/2016, as subsequently amended.

(2) PUG is developed and, after approval, is managed in a GIS system, using simultaneously two categories of information that support decisions, namely:

a) vector-type data through which spatial entities that are regulated urbanistically are represented, such as administrative boundaries, boundaries of reference territorial units, parcel boundaries, boundaries of protection zones, functional zones, buildings, roads, networks and similar;

b) attribute-type data through which specific information associated with each of the regulated spatial entities is managed.

Article 51 - Stages of PUG development

(1) PUG development is carried out through the following main stages:

a) initiation of PUG and elaboration of the program brief by the local public authority;

b) development of mandatory and territory-specific foundation studies, where applicable, by specialists, under the conditions of the law;

c) implementation of the analysis process of the existing situation and development of the integrated multi-criteria diagnosis by the development team;

d) development by the development team of the preliminary form of PUG;

e) uploading of preliminary PUG documentation to the National Platform for Urban and Territorial Planning and Building Authorization by the coordinator of the PUG development team, for analysis by representatives of the advising institutions that are part of the integrated advising commissions. Until the National Platform for Urban and Territorial Planning and Building Authorization becomes operational, documentation shall be transmitted in digital format, signed with a qualified electronic signature, obtained in accordance with Government Emergency Ordinance no. 140/2020 on establishing measures regarding the use of electronic documents in the fields of construction, architecture and urbanism, simultaneously to all advising entities;

f) analysis of preliminary PUG documentation at the level of advising institutions and transmission of specific conditions and additional necessary data and information, where applicable, through the National Platform for Urban and Territorial Planning and Building Authorization, shall be carried out within a maximum of 60 calendar days from the date of upload. Until the platform becomes operational, the response of advising institutions shall be transmitted to the applicant for the opinion;

g) analysis by the developer and initiator of the advisors' requests, integration of specific advising conditions into PUG and, where applicable, formulation of responses regarding non-adoption and development of the revised form. Conditions from institutions within the National Defense, Public Order and National Security System, hereinafter referred to as SNAOPSN, must be adopted in full by the developer and cannot be subject to non-adoption or modification;

h) uploading of revised PUG documentation, as a result of specific advising conditions for each advisor, to the National Platform for Urban and Territorial Planning and Building Authorization, by the coordinator of the PUG development team, for approval by the integrated advising commissions. Until the platform becomes operational, the revised documentation shall be transmitted simultaneously to all advising entities, in digital format, signed with a qualified electronic signature, obtained in accordance with Government Emergency Ordinance no. 140/2020. In this case, the response of advising institutions shall be transmitted to the applicant for the opinion and to the commission secretariat. In the event of divergences between the viewpoints of advising institutions, the commission secretariat shall convene within a maximum of 5 working days a commission meeting, in online format, and the developer together with representatives of the initiator shall present the documentation and the commission shall discuss the issuance of the opinion;

i) issuance of opinions by the integrated advising commissions at local and national level, within a maximum of 15 working days from the date of uploading the complete revised documentation. If the uploaded documentation is incomplete or does not meet the specific advising conditions transmitted in the preliminary analysis stage, this shall be notified to the applicant within 15 working days from the date of upload;

j) verification of documentation at the level of the specialized structure of local authorities and promotion for approval under the conditions of Government Emergency Ordinance no. 57/2019, as subsequently amended;

k) approval of PUG by the local council.

(2) Throughout all stages provided in para. (1) lit. a)-k), public information and consultation shall be ensured, in accordance with the methodology approved by order of the minister responsible for territorial planning, urbanism and construction, insofar as the action does not contravene the legislation on the protection of classified information.

Article 52 - Initiation of PUG

The initiative for elaboration, updating or modification of PUG is approved by decision of the local council or the General Council of Bucharest Municipality, as applicable, adopted with absolute majority at the proposal of the mayor or the general mayor of Bucharest Municipality, based on the technical report of the chief architect, prepared after consultation of the technical commission for territorial planning and urbanism, which includes the technical argumentation, proposed deadlines and necessary budget. The technical argumentation includes the conclusions of studies or reports on the degree of compliance of the urban plan in force with legal provisions and the adequacy of its provisions to development trends, socioeconomic and environmental challenges and analysis of the impact of urban plans in force at the level of the administrative-territorial unit, provided in art. 61.

Article 53 - Elaboration of the program brief

(1) Following approval of the initiative to develop, comprehensively update or amend the PUG, the local public administration authorities, through the specialized structure headed by the chief architect directly or with the support of territorial planning and urban design expertise centres, shall prepare the programme specification, in consultation with all functional departments of the mayor's specialized apparatus.

(2) The programme specification for PUG development synthesizes the specific needs and strategic development objectives of the administrative-territorial unit, establishing minimum guidelines for the subsequent stages of PUG development, and shall be prepared on the basis of data, information, substantiation studies, projects and standards specific to various fields of activity, existing at the date of PUG initiation.

(3) The data, information, studies and projects referred to in para. (2) shall be obtained from the competent central and local public administration institutions and authorities, as well as from public service operators, on the basis of a prior request formulated by the local public administration authorities.

(4) Following completion of the programme specification, the responsible public administration shall commence PUG development, in compliance with public procurement procedures in accordance with the legislation in force on public procurement.

(5) PUG development shall be carried out either by the specialized apparatus of the commune, town or city hall, when the necessary professional capacity exists, or by the territorial planning and urban design expertise centres provided for in art. 134, or by legal entities contracted through public procurement in accordance with the legislation in force on public procurement.

Article 54 - Substantiation studies for PUG development

(1) The substantiation studies related to PUG, in the specific analysis domains, shall be developed by specialists with signature authority in accordance with the law, with the support of the authorities and institutions that have competence in the fields of activity for which the need to develop substantiation studies has been identified.

(2) Public institutions and economic operators involved in the approval process or holding information of public interest necessary for the conduct of territorial development planning actions of the administrative-territorial unit are obliged to make them available to the public authority, free of charge, at its request, within 15 days.

(3) The development of substantiation studies may be carried out by the authorities or institutions referred to in para. (1) through their own professional structures, if they have personnel with training and professional qualification in the fields of substantiation study development, or shall be awarded under the conditions of the law to legal entities of public or private law, respectively professional institutions with competence in the field covered by the substantiation study.

(4) The substantiation studies and integrated multicriterial diagnosis shall be uploaded to the National Platform for Urban and Territorial Planning and Building Authorization.

(5) For the substantiation of general urban plans, studies developed prior to contracting may be used, provided they are prepared with recent data, obtained no more than 3 years before the development or, as the case may be, initiation of the project.

Article 55 - Mandatory substantiation studies for PUG development

(1) The development of the following substantiation studies is mandatory for all PUGs:

a) topographic study and cadastral support update;

b) real estate property regime and public real estate assets;

c) studies for public transport infrastructure;

d) sociodemographic study;

e) technical and utility infrastructure study;

f) public facilities study;

g) study on the evolution of economic activities;

h) study on environmental protection, natural and anthropogenic risks and climate change;

i) study on the protection of immovable cultural heritage, which includes historical evolution, protection of historical monuments, protected built areas and protection zones of historical monuments, archaeological sites, as well as elements of natural landscape protection;

j) study on improving energy performance at urban level and establishing elements of innovation - smart city type solutions;

k) 3D modelling study for areas characterized by pronounced urban dynamics;

l) study on geotechnical and hydrogeological conditions;

m) other necessary studies, according to the specifics of the administrative-territorial unit.

(2) The content and structure of substantiation studies shall be established through the procedure for developing, approving and endorsing territorial planning and urban design documentation, developed by the ministry responsible for the field of territorial planning, urbanism and construction and approved by ministerial order.

(3) The substantiation studies shall be correlated, and their conclusions shall be transposed into urban planning regulations and measures included in the action plan for PUG implementation.

Article 56 - Study for public transport infrastructure, study for technical and utility infrastructure and study on the public facilities network

(1) The studies for public transport infrastructure, respectively the study for technical and utility infrastructure and the study on the public facilities network are an integral part of the PUG, substantiating and reflecting the territorial strategic planning of the administrative-territorial unit from the perspective of public transport infrastructure, technical and utility network infrastructure and public facilities, correlated with development needs and with the mobility and transport needs of persons and goods, within the zones proposed for development or the zones established for sustainable territorial use and improved quality of life.

(2) The study for public transport infrastructure substantiates the urban planning regulations that permit the authorization of investments in relation to public transport capacity and road safety.

(3) The study for public transport infrastructure includes provisions regarding access for emergency services.

(4) The study for public transport infrastructure includes provisions regarding mobility, circulation, transport and road safety, which substantiate the urban planning regulations that permit the authorization of investments in relation to public transport capacity and road safety. The study includes provisions regarding access for emergency services.

(5) The study on the network of fundamental public facilities substantiates the necessity and reflects the strategic territorial planning of the administrative-territorial unit from the perspective of equipment and public interest facilities with a role in serving at the local level.

Article 57 - Approval of the General Urban Plan

(1) Approval of the General Urban Plan is carried out with respect to the form of the General Urban Plan developed on the basis of the terms established by the initiating public authority, the process of public information and consultation and the preliminary consultation of public institutions, central and local public administration authorities established at art. 88 para. (1) and economic operators established at art. 91 para. (1).

(2) Approval of the General Urban Plan is carried out by the integrated approval commissions at local and national level, through the National Platform for Territorial and Urban Planning and Building Authorization, and also by the institutions from SNAOPSN, following the establishment and operation of the aforementioned commissions.

(3) At the level of the specialized apparatus, a working group is established under the coordination of the chief architect, composed of the developer of the urban planning documentation and members of the specialized apparatus within the local public administration authority and representatives of the interested central and local public administration institutions, designated according to the procedures of each authority.

(4) The working group operates throughout the entire period of development of the urban planning documentation, until its approval, and provides technical support and facilitates communication with the institutions and operators involved in the approval process in order to complete the stages of development of the General Urban Plan mentioned at art. 51.

(5) The chief architect of the county monitors and supports the coordination and correlation of the General Urban Plans of the neighboring administrative-territorial units, as well as the correlation and coordination of the General Urban Plan with the provisions of PATJ.

(6) The framework model of the terms of reference for the development of the general urban plan structured for municipalities, cities and communes is developed by the ministry responsible for the field of territorial planning, urbanism and construction and is provided within the procedure for development, approval and adoption of territorial planning and urban planning documentation, approved by ministerial order.

(7) The terms of reference shall mandatorily include the stages of the public information and consultation process during the development of the General Urban Plan.

Article 58 - Integrated Approval Commissions at National and Local Level and the Working Group Established for Consultations Regarding the Development of the General Urban Plan

(1) For the purpose of approving the General Urban Plan, a national integrated approval commission is established composed of representatives of central public institutions and authorities, national companies and societies, professional organizations and educational institutions and a local integrated approval commission composed of representatives of institutions, public administration authorities, including public service operators, or deconcentrated structures in the territory of the competent central public administration authorities to issue approvals in the process of developing the General Urban Plan. The integrated approval commissions at national and local level operate in the digital environment, through the National Platform for Urban and Territorial Planning and Building Authorization.

(2) The integrated approval commissions organized at national and local level have a permanent composition, and the working groups provided for at art. 57 para. (3) may be particularized in relation to the specifics of the documentation subject to approval.

(3) The participation of representatives of the legal entities provided for in para. (1) is mandatory and is carried out through the designation of a representative from each approving entity.

(4) The duties of the representatives within the commission are as follows:

a) participation in consultations from the preliminary stages of development of the urban planning documentation;

b) ensuring the transmission of information and data specific to the field they represent to the local public administration authority within a maximum of 60 calendar days from the preliminary consultations;

c) mandatory participation in the meetings of the integrated approval commission.

Article 59 - Approval and Effects of Approval of the General Urban Plan

(1) The General Urban Plan is approved, by decision of the local council or by decision of the General Council of Bucharest Municipality, adopted with absolute majority, on the basis of the integrated approval issued by the commissions at national and local level and on the basis of the approvals of the institutions from SNAOPSN.

(2) The local public administration authorities, through their specialized structures in the field of territorial planning and urbanism, have the obligation to verify the conformity of the documentation upon its submission by the beneficiary for approval, including compliance in the final form of the documentation with the provisions of the integrated single approval, the approvals of the institutions from SNAOPSN and those of environmental protection.

(3) The decision of the local council or the decision of the General Council of Bucharest Municipality approving the General Urban Plan refers to the documentation in its entirety, namely all written and drawn component parts.

(4) By derogation from the provisions of art. 134 para. (5) lit. f) of Government Emergency Ordinance no. 57/2019, with subsequent amendments and additions, to the draft decision of the local council, respectively the decision of the General Council of Bucharest Municipality approving the General Urban Plan, amendments cannot be introduced by local councillors regarding the technical content - written and drawn parts, associated databases - of the urban planning documentation approved and subject to approval, which is of a technical nature and has an integrated character.

(5) The urban planning regulations established by the General Urban Plan become mandatory norms for the issuance of urban certificates and building permits throughout the territory of the administrative-territorial unit.

(6) The public investment program and the action plan for implementation related to the General Urban Plan become mandatory for the local public administration authority, as well as for all natural and legal persons.

Article 60 - Modification of the General Urban Plan

(1) The modification of the General Urban Plan and the Zoning General Urban Plan may be carried out in cases duly justified, through three distinct procedures:

a) simplified modification of the PUG, which allows correction of material errors, such as inconsistencies between parts of the documentation or omissions that do not require the preparation of another urban planning modification documentation. The simplified modification is carried out on the basis of the technical report of the chief architect, with consultation of the technical committee for territorial planning and urbanism and with the opinion of the single approval committee. The simplified modification may involve reconfirmation of some of the approvals and agreements obtained, the analysis regarding the need for reconfirmation being the responsibility of local public authorities, with consultation, where appropriate, of the authorities that issued them. The deadline for reconfirmation of the approvals and agreements obtained is a maximum of 30 days.

In the situation where there is no specialized structure and the position of chief architect is not occupied by a person who meets the study conditions provided by this code, the modification is promoted by the specialized structure organized at the level of the county council;

b) punctual modification is applied for updating information or limits regarding the properties of institutions from SNAOPSN, on the basis of the technical report of the chief architect, with the opinion of the single approval committee;

c) revision of the PUG within the validity period of the PUG, which allows the integration of changes with limited consequences in a certain area carried out through a zonal urban plan; the revision of the documentation is done in compliance with the provisions regarding the approval of urban planning documentation.

(2) The material errors provided for in para. (1) lit. a) cannot refer to the modification of the local urban planning regulation as a whole, to the increase of urban indicators, the height of buildings, to the reduction of minimum distances between buildings, alignment regime or to the modification of functional zoning.

(3) Institutions from SNAOPSN may propose the revision or punctual modification of the PUG and PUGZM to respect the general interests of the state.

Article 61 - Comprehensive update of the PUG

(1) The comprehensive update of the PUG consists in the revision of urban planning regulations in order to correlate them with legislative changes that occurred after the approval of the PUG, including those that make certain urban planning regulations of the PUG inoperative, with development trends and current requirements for sustainable development, socioeconomic and environmental, as well as in updating the list of investment projects necessary for the implementation of the development vision. The update of the PUG is based on specialized studies or reports regarding the degree of compliance of the urban plan in force with legal provisions and the adequacy of its provisions to development trends, socio-economic and environmental challenges and the analysis of the degree of implementation of urban plans in force and their impact at the level of the administrative-territorial unit, if applicable. The comprehensive update and the preparation of a new PUG are carried out through the same procedure.

(2) The reports and analysis of the degree of implementation are carried out by the chief architect, through the specialized structure with responsibility in urbanism and territorial planning within the public administration, with consultation of the technical committee for territorial planning and urbanism and, where appropriate, with the support of expertise centers in territorial planning and urbanism, 5 years after the approval of the plan, and are presented to the local council and made public on the internet page of the local public authority.

(3) For approved PUG documentation, prepared at the level of administrative-territorial units at which changes occurred regarding properties, prohibitions and restrictions related to them, respectively the activities of institutions from SNAOPSN, local public authorities are obliged to take into account these changes at the time of issuing urban certificates and establishing the necessary approvals for urban planning documentation and authorization of construction works, if these have been officially communicated by the respective institutions.

Article 62 - Zonal urban plan

(1) The zonal urban plan, hereinafter referred to as PUZ, is the urban planning instrument of specific regulation, through which the responsible public authorities coordinate the integrated urban development of an area within the administrative-territorial unit, characterized by a high degree of complexity or by an accentuated urban dynamic.

(2) Through the action plan for the implementation of the PUZ, the correlation of the integrated urban development program of the area with the action plan for the implementation of the public investment program provided by the PUG is ensured.

(3) The PUZ is prepared in the following situations:

a) in order to detail the regulations in force in areas with a high degree of complexity for which the PUG did not provide the minimum conditions for authorizing investments;

b) for the implementation of urban operations in accordance with Part IV Title I of this code;

c) in order to modify the approved regulations, only in situations well-founded from the perspective of the general interest and after obtaining prior approval in accordance with art. 69 para. (1).

(4) For the revision or modification of the PUG through the PUZ, in accordance with para. (3) lit. c), the following situations may be considered well-justified: establishing the intravilan/extravilan regime, the building regime, plot conformity, zone functions, maximum allowed height, maximum land use coefficient (CUT), maximum land occupation percentage (POT), building setback from alignment and distances from lateral and rear boundaries of the plot, distances between buildings on the same plot, allowed materials, improvement conditions, with the exception of the areas provided for in art. 46 para. (1) lit. t).

(5) The process of preparing a PUZ involves the successive completion of the stages of initiation, preparation, approval and adoption, with the assurance of public information and consultation, in accordance with Chapter III of Title II of Part I of Book I of this code, art. 10 of the Order of the Minister of Regional Development and Tourism no. 2.701/2010 for the approval of the Methodology for public information and consultation regarding the preparation or revision of territorial planning and urban planning plans, with subsequent amendments.

(6) Through the PUG, zones may be established for which the preparation of zonal urban plans is required, as follows:

a) central areas of localities;

b) protected built-up areas;

c) recreation and tourism areas;

d) industrial, technological parks and service areas;

e) plot reconfiguration operations;

f) areas related to new transport infrastructure, except for areas of national interest transport infrastructure;

g) areas requiring urban regeneration or urban restructuring operations; properties with special regulations that cannot be sufficiently regulated through PUG;

h) areas introduced within town limits, respectively urbanization areas;

i) other areas established by local public authorities from localities.

Article 63 - Urban regulations established through PUZ

(1) Through PUZ, urban regulations approved within the maximum limits established by the urban planning documentation in force can be detailed or, as the case may be, approved urban regulations can be modified regarding:

a) organization of the street network and transport network, equipment, installations and related facilities regarding: (i) their extension;

(ii) modification of street profiles, reconfiguration and systematization thereof, if these are conditioned by implicit modification of the legal status of the land;

b) architectural-urban organization and volumetric configuration, depending on the characteristics of the urban structure;

c) the manner of land use;

d) development of technical-utility infrastructure;

e) legal status and circulation of land;

f) protection of historical monuments, ensembles and archaeological sites, specific urban limits and prohibitions in their protection areas and in protected built-up areas;

g) location of public and/or private services and facilities;

h) green and planted spaces, including regarding the urban framing of these properties.

(2) Urban regulations established through PUZ become mandatory norms for issuing urban certificates and building permits throughout the regulated territory, and investment plans related to zonal urban plans become mandatory for all responsible factors specified therein, both public and private.

(3) For the purpose of equipping with transport, technical-utility, educational, social, health, cultural, environmental infrastructure necessary for the area directly impacted by PUZ, through Law no. 227/2015 on the Fiscal Code, as subsequently amended and supplemented, local territory equipment taxes shall be established, applicable to natural or legal persons located in the regulated area of zonal urban plans that provide for the transition of land from outside to within town limits for the implementation of real estate development projects, functional reconversion, modification of urban indicators provided by PUG. Local taxes may be established differently for natural or legal persons who have not initiated urban planning documentation, depending on the benefit created by its implementation.

(4) Local public administration authorities may negotiate, through a negotiation commission established by local council decision, with the natural or legal person who initiated the preparation of PUZ, urbanization or urban restructuring contracts regarding financing from private funds of the infrastructure provided at para. (3), other than that which is the investor's minimum obligation, namely, technical-utility equipment with water, sewerage, electricity networks and arrangement of communication routes.

Article 64 - Regulation area and minimum study area from PUZ

(1) The regulation area and minimum study area related to PUZ are mentioned in the urban certificate, in the case of plans initiated by public authorities, and in the initiation notice, in the case of PUZ initiated by other natural or legal persons.

(2) The regulation area of PUZ consists at least of the properties that generated the preparation of urban planning documentation, directly adjacent properties, as well as those located on the opposite alignment. To the extent that PUZ includes historic monument properties, the regulation area will fully include their protection area, as delimited at the time of classification or through urban planning documentation subsequent to the monument's classification. Additional conditions and minimum regulation area may be established through PUG and the local urban planning regulation.

(3) The minimum study area is defined by the chief architect institution within the initiating public administration authority in relation to the estimated impact of the details, operations or modifications targeted on the transport network, on education, health, sociocultural services, with the visual impact of volumetric configuration, environmental impact and similar matters and includes the regulation area of PUZ, as well as the area of direct impact at the level of the administrative-territorial unit.

(4) Within the minimum study area, but outside the regulated area, through PUZ measures can be proposed to ensure coherent and integrated urban development of the delimited territory, in relation to the urban regulations defined in the regulation area of the zonal urban plan, measures that do not modify the existing regulation of the study area. These measures are included in the action plan related to PUZ.

(5) The order of actions for authorizing construction works and reception upon completion of works is established and carried out with strict compliance with the stages and schedule provided in the action plan.

(6) Modification of the stages or schedule provided in the action plan may be carried out only through renegotiation thereof within the negotiation commission and approval of modifications by local council decision.

Article 65 - Initiative for PUZ preparation

(1) The initiative for PUZ preparation belongs to local public administration authorities or interested natural or legal persons.

(2) The PUZ beneficiary is the initiator through legal representative, as well as the administrative-territorial unit or sectors of the municipality, respectively local and/or sector councils/county councils/general council, as the case may be.

(3) Proposals from natural or legal persons for PUZ preparation are analyzed at the level of the chief architect's specialized structure within the process of continuous revision and updating of PUG.

(4) The opportunity of initiatives from natural or legal persons for PUZ preparation is analyzed periodically, depending on the dynamics of construction authorization and development trends for the respective areas.

(5) Where multiple requests for PUZ preparation exist in an area, the local public administration authority may decide on the appropriateness of preparing urban planning documentation with a coordinating role for the entire area, through which all construction intentions of private investors, whether natural or legal persons, are correlated. The request to collaborate, under the conditions of the law, for the initiation and preparation of a single PUZ documentation shall be transmitted to each investor as a response to the request for PUZ initiation, indicating the deadline for submitting proposals. The failure of investors to respond does not prevent the local public administration authority from continuing the urban planning documentation procedure.

(6) To accelerate the implementation of private investments in projects of public interest, the local public administration authority may become a co-initiator of a zonal urban plan alongside one or more private investors, in which case the initiation process shall be subject to the provisions of art. 67.

Article 66 - Initiation of PUZ preparation by interested natural or legal persons

(1) The initiation of PUZ preparation by interested natural or legal persons may be carried out for the following purposes:

a) for detailing the building conditions established through PUG;

b) for modifying the boundary of the intravilan territory approved through PUG, and carrying out urbanization/de-urbanization operations in accordance with art. 151;

c) for modifications of the existing plot division, except for urban operations described in art. 214 lit. d), or any other functional modifications occurring in a territory, for which the existing regulations approved through PUG can no longer be applied;

d) functional reconversion projects or any other type of project that involves changing the functions of a territory, for which the regulations established through PUG cannot be applied, provided that modifications to POT and CUT are limited to a maximum increase of 20%;

e) modification of urban regulations at the level of a reference territorial unit, provided that modifications to POT and CUT are limited to a maximum increase of 20% from the initial value established in accordance with the approved regulations, only once;

f) modification of urban regulations for parts of protected areas, provided that the character of the area is not changed, and the modification of urban indicators is carried out within a maximum of 10% from the initial value established in accordance with the approved regulations, only once;

g) establishment of urban regulations applicable to restituted land or land for which the reconstitution or establishment of property rights has been ordered.

(2) Interested natural or legal persons shall submit a request for PUZ initiation to the local public administration authorities, mentioning the purpose of PUZ preparation, together with the opportunity study for PUZ initiation.

(3) In order to coordinate the intentions for PUZ preparation, the list of PUZ initiation requests shall be published on the official website of the city hall or county council.

(4) The appropriate timing for PUZ initiation, in accordance with para. (1), may be advanced or postponed only in a justified manner, in order to correlate with the programs and projects of public interest investments existing at the level of the local public administration authority.

(5) The local public authority may establish a prioritization grid for PUZ in relation to the benefits brought to the public interest, established through the action plans proposed at the level of opportunity studies.

(6) Through PUZ regulations, the land areas corresponding to the achievement of public interest objectives necessary for the proper functioning of the locality are ensured, as a result of the obligations imposed by the new investment initiated by the interested natural or legal persons.

Article 67 - Initiation of PUZ preparation by local public administration authorities

(1) The Mayor/General Mayor, through the structure responsible for urbanism headed by the chief architect within the specialized apparatus, has the obligation to initiate and prepare PUZ for areas conditioned thus through PUG or in the higher-level territorial planning documentation.

(2) For PUZ initiated by local public administration authorities, obtaining an initiation permit is not necessary, the conditions necessary for carrying out investments being established through the urban certificate.

(3) In the case of PUZ prepared for areas comprising historical monuments listed in the world heritage list, the initiative for PUZ preparation may belong to local authorities, the ministry responsible for territorial planning, urbanism and construction, or the National Heritage Institute.

Article 68 - Opportunity study for PUZ initiation

(1) The opportunity study for PUZ initiation shall be prepared by specialists with signature rights in the field of urbanism and includes:

a) written documents, namely an explanatory technical memorandum, which includes the presentation of the investment objective, the proposed indicators, the manner of integration of the investment in the area, the presentation of the economic and social consequences at the level of the reference territorial unit and/or at the level of the administrative-territorial unit, as well as the action plan for the staging of investments, which shall establish the categories of costs to be borne by the applicant and the categories of costs that fall to the local public authority, if applicable;

b) drawn documents, namely a plan for integration in the area, on topographic/cadastral support, with the delimitation of the study and regulation area, the proposed concept - situation plan with the presentation of functions, neighborhoods, the manner of ensuring accesses and utilities; additionally, volumetries, street layouts, schemes and other graphic materials that support and argue the proposal may be presented, considered by the developer or by the members of the Technical Commission for Territorial Planning and Urbanism as being relevant in the analysis of opportunity.

(2) The opportunity study for PUZ initiation shall be analyzed by the technical commission for territorial planning and urbanism coordinated by the chief architect of the county, municipality, city or commune. In the situation where the administrative-territorial unit does not have a chief architect and technical commission, the study shall be analyzed by the technical commission for territorial planning and urbanism coordinated by the chief architect of the county.

Article 69 - Initiation permit

(1) The initiation notice is the administrative act by which the mayor or the president of the county council, based on the technical analysis of the specialized structure led by the chief architect of the county, municipality, or city, permits the commencement of the process of elaboration, review, and approval, under the conditions of the law, of the PUZ initiated by interested private natural or legal persons, in the situation where, through the proposed investment, details, supplements, or modifications of the urban regulations established by the urban planning documentation in force are necessary.

(2) The initiation notice provided for in para. (1) is drawn up by the specialized structure led by the chief architect of the administrative-territorial unit, is signed by the chief architect, and is approved by the mayor/general mayor of the administrative-territorial unit or by the president of the county council, as the case may be.

(3) The president of the county council approves the initiation notice in accordance with the provisions provided for in para. (1), with the prior favorable notice of the mayor of the interested localities, in the case where the regulated territory involves at least two administrative-territorial units.

(4) Through the initiation notice, the following are established:

a) the regulation zone and the study zone related to the PUZ;

b) the functional categories of development and any urban easements, restrictions, or prohibitions in relation to the proposed investment;

c) urban indicators - minimum and maximum limits;

d) public interest facilities necessary, ensuring access, parking, utilities;

e) permitted transport capacities;

f) the manner of construction in relation to the character of the zone;

g) alignment with territorial planning and urban planning documentation applicable to the zone;

h) the action plan scheme;

i) the necessity of establishing the negotiation committee provided for in art. 63 para. (4), as the case may be.

(5) Through the initiation notice, other conditions may also be instituted regarding the elaboration of the PUZ initiated by interested private natural or legal persons, including the conduct of specific foundation or specialized studies necessary in relation to the complexity of the PUZ.

(6) For zonal urban plans initiated by public administration authorities, the aspects provided for in para. (4) are taken over in internal approval reports and in urban certificates issued for the purpose of elaborating the PUZ.

(7) The resolution of the request for issuance of the initiation notice provided for in para. (1) may be postponed or justified rejected. The issuing local public authority of the initiation notice may reject the request for increase of urban indicators in the absence of a well-justified technical foundation, which leads to excessive costs for local public authorities, or to the extent that it finds that the initiator's requests are not in accordance with the public interest or affect neighbors.

(8) The initiation notice or communication regarding the decision to postpone or reject the request for issuance of the initiation notice is issued within a maximum of 30 calendar days from the date of the request. The analysis of the documentation within the technical commission for territorial planning and urbanism at the level of the administrative-territorial unit is carried out within the 30 calendar days period.

(9) The competent local public administration authorities with the issuance of the initiation notice for zonal urban plans have the obligation to introduce the documentation on the agenda of the technical commission for territorial planning and urbanism and to analyze it in the commission, within a maximum of 30 days from the date of submission of the request to the competent local public administration authority. In order to schedule the documentation in the technical commission for territorial planning and urbanism, the local public administration authorities verify the submitted documentation and send the address of requests for completion or clarification thereof, if applicable, within 30 days from submission to the institution's registry.

(10) The initiation notice or the communication address of the justified rejection of the request for initiation of the PUZ is issued within a maximum of 15 days from the analysis of the documentation within the technical commission for territorial planning and urbanism at the level of the issuing local public administration authority or at county level, for local public administration authorities that do not have their own commission.

Article 70 - Elaboration of PUZ

(1) The elaboration of the foundation studies necessary for the elaboration and the PUZ itself is carried out in compliance with the conditions established through the initiation notice obtained in advance.

(2) In the case of initiatives of administrative-territorial units in whose territory the PUZ is elaborated, one may proceed to the stage of elaboration of foundation studies and PUZ without obtaining in advance the initiation notice.

Article 71 - Foundation studies for PUZ elaboration

(1) For the elaboration of the PUZ, at least the following foundation studies are elaborated:

a) the topographic study;

b) the geotechnical study;

c) the socioeconomic study and necessary public facilities;

d) the study on contribution to the transition to climate neutrality;

e) the study regarding the legal circulation of land.

(2) Depending on the urban operation, project, or zone for which the PUZ is elaborated, the studies provided for in para. (1) are supplemented with other necessary foundation studies of an analytical or prospective nature, as requested through the urban certificate and/or through the initiation notice.

(3) When elaborating the PUZ for zones where the extension, modernization, or introduction of technical-utility networks is necessary, the elaboration of a solution study for technical-utility infrastructure and access infrastructure is mandatory.

(4) When elaborating the PUZ for zones where the extension, modernization, or implementation of traffic circulation infrastructure is necessary, the elaboration of a solution study regarding traffic and public transport is mandatory.

Article 72 - Solution study for utility equipment and solution study regarding communication routes and transport

(1) The solution study for utility equipment and the solution study regarding communication routes and transport are an integral part of the PUZ.

(2) The solution study for utility equipment has the following content:

a) the description of the existing technical-utility infrastructure in the study zone, with the marking of the location, highlighted on the plans related to the information system of the building fund;

b) defining conditions for underground and above-ground constructions, dimensions, capacity and quality of installations, legal and economic regime of installations and affected land, easements or other constraints, as applicable;

c) defining capacities and requirements for public interest facilities, both within the regulated zone and at the level of the study area of the zoning plan;

d) existing access infrastructure, shown on the plans of the information system, defining conditions for its extension or modification, dimensions, capacity, quality, legal regime of affected properties;

e) evaluation of costs for implementing new public interest facilities;

f) estimated schedule for project implementation;

g) costs and public obligations assumed by the initiator, as applicable.

(3) Through the urbanism certificate issued for PUZ preparation, the local public administration authority is obliged to provide all technical data known to it regarding the technical-utility infrastructure in the regulated zone and in the PUZ study area.

Article 73 - Study on legal circulation of land

The study on legal circulation of land integrates estimated costs calculated according to notarial grids, established by the action plan, as well as land resources resulting from the Solution Study for utility equipment and the Solution Study on communication routes and transport, resulting in the plan on legal circulation of land and public utility objectives that constitute an integral part of the zoning plan and contains at least the following elements:

a) identification of property areas that will be subject to legal operations regarding transfer of property rights;

b) topographic evidence of properties or parts thereof that will subsequently be subject to procedures for transfer to public ownership for implementation of public utility investments in relation to the plan's proposals. The action plan for PUZ implementation proposes the estimated timeline in which this is achieved, conditional on the existence of necessary financial resources.

Article 74 - Content of PUZ

(1) PUZ consists of mandatory and optional components and is differentiated according to the complexity of issues generated by the functional category of the zone subject to the zoning plan.

(2) Written components include:

a) general memorandum;

b) the local urban planning regulation;

c) action plan for implementation and public investment programme.

(3) The general memorandum presents in detail the dysfunctions resulting from critical analysis of the existing situation and justification of proposed solutions for eliminating or reducing them.

(4) The general memorandum includes the prospective diagnosis, based on analysis of the historical evolution of the locality/study area, the current situation, as well as economic and demographic forecasts, specifying existing dysfunctions and identified needs regarding economic, social and cultural development, spatial planning, environment, housing, transport, equipment and services. The general memorandum has the following framework content:

a) description of the existing situation;

b) conclusions of foundation studies on dysfunctions resulting from critical analysis of the existing situation;

c) proposed solutions for eliminating or reducing identified dysfunctions.

(5) Urban regulations aim at sizing, shaping and quality of services and equipment, material public space and other functional zones at locality level, establishing rules for land occupation and placement of constructions and related arrangements.

(6) The action plan for implementation and public investment programme proposed by the zoning plan highlight actions, names of public and private investments, their estimated value, possible financing sources, phasing of investment implementation, sequence of work authorization and work completion procedures and responsible parties for implementation. The action plan mandatorily establishes work completion reception for technical-utility, transport and public lighting infrastructure, prior to work completion reception for private objectives.

(7) Drawn components include:

a) plan of integration in PUG, with marking of territorial reference units subject to regulation through the zoning plan;

b) sectoral plans on existing situation with evidence of dysfunctions;

c) plan with urban regulations, which also includes limits and urban prohibitions, spatial-volumetric shaping, placement of public interest facilities, with marking of all protection zones, conditions and limits in land use;

d) plan with pre-coordination utility equipment regulations;

e) plan on legal circulation of land and public utility objectives;

f) plan with compatibility zones for locations that comply with the provisions of Law no. 59/2016, as subsequently amended;

g) plan with climate resilience measures, heat island reduction and renewable energy use.

Article 75 - PUZ approval

(1) PUZ approval is carried out by the local integrated approval commission for territorial planning and urban planning documentation constituted according to art. 91, through the integrated approval system, according to art. 92, except for PUZ for zones comprising monuments classified in world heritage, which are also approved by the national integrated approval commission for territorial planning and urban planning documentation.

(2) The technical opinion of the chief architect is issued within a maximum of 15 working days from submission of complete and correct documentation. In case of submission of incomplete documentation or documentation requiring modifications, the response is transmitted to the applicant within 15 working days from submission.

Article 76 - Approval and effects of PUZ

(1) PUZ is approved by decision of the local council of the municipality/city/commune/General Council of Bucharest Municipality, adopted by absolute majority, based on the integrated opinion issued and based on opinions of institutions from SNAOPSN.

(2) The local public administration authorities, through their specialized structures in the field of territorial planning and urbanism, have the obligation to verify the compliance of the documentation upon its submission by the beneficiary for approval, including the final form of the documentation's compliance with the provisions of the integrated single opinion and the opinions of institutions from SNAOPSN.

(3) If, following the analysis of the submitted documentation, the competent public administration authority finds that the documentation is incomplete, requires technical clarifications or modifications, it shall notify the applicant in writing, within a maximum of 15 working days from the date of registration of the documentation submitted by the applicant, of all identified deficiencies. Through the notification, the competent public administration authority shall communicate to the applicant the deadline granted for the preparation, submission and registration of the necessary modifications/completions, which cannot exceed 6 months from the date of receipt of the notification. The notification may be transmitted to the applicant in digital format and through the national single window. The submission of the documentation requested through the notification may be carried out in written or digital format and through the national single window. If the documentation is not completed within the established deadline, the applicant shall be sent, in written or digital format, via email or through the national single window, a notice inviting them to withdraw the submitted documentation for approval.

(4) The documentation provided in para. (1) shall be included on the agenda of the local council meetings/General Council of Bucharest Municipality within a maximum of 45 calendar days from obtaining the technical opinion of the chief architect, in the event that the conditions provided in art. 136 para. (8) of Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, are met.

(5) Properties for which urban easements have been established through PUZ and/or on which the initiator has assumed construction/development obligations cannot be the subject of art. 562 of Law no. 287/2009 on the Civil Code, republished, as subsequently amended and supplemented, regarding the extinction of the right of ownership through abandonment.

(6) The decision of the local council or the decision of the General Council of Bucharest Municipality approving the PUZ refers to the documentation in its entirety, namely all written and drawn component parts.

(7) By way of derogation from the provisions of art. 134 para. (5) lit. f) of Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, amendments cannot be introduced by local councillors to the draft decision of the local council, respectively the decision of the General Council of Bucharest Municipality approving the PUZ regarding the technical content of the urban planning documentation, namely written and drawn parts, associated databases, which has been approved and submitted for approval, which is of a technical nature and has an integrated character.

(8) Urban planning regulations become mandatory norms for the issuance of urban certificates and building permits for all properties.

(9) Following approval by local council decision, the investment program and action plan for the implementation of the PUZ become mandatory for initiators, local public administration authorities, natural and legal persons, as well as other involved bodies.

(10) The provisions of the PUZ are applicable until its update or modification through another urban planning documentation of equal or higher rank. The validity of the PUZ extends by right until the completion of the implementation of projects for which the authorization procedure began during the validity period.

(11) Through the decision approving the zonal urban plan, a validity period for it may be established, in relation to the pursued urban development objectives. In the absence of an express provision, the zonal urban plan remains applicable until its modification, update or repeal through urban planning documentation of the same rank or of higher rank, in accordance with the law.

(12) The expiration of the validity period does not affect investments for which, by the date of expiration, the authorization procedure for the execution of construction works has been initiated in accordance with the law, these being completed on the basis of the urban planning regulations that formed the basis of the authorization.

Article 77 - Urban Plan for Areas Protected as a Matter of National Interest

(1) The urban plan for areas protected as a matter of national interest is urban planning documentation that aims to establish measures for the protection and enhancement of built heritage, the conditions for authorizing construction works and action plans for areas with cultural and/or natural heritage resources of national importance, called areas protected as a matter of national interest, established through higher-level urban planning documentation.

(2) The urban plan for areas protected as a matter of national interest may be prepared optionally, at the initiative of the interested central public authorities or local public authorities, for:

a) historical monuments of national importance and their protection zones;

b) cultural landscapes or protected natural areas or parts thereof, established and delimited as such through territorial planning or urban planning documentation;

c) sustainable development zones established through management plans for protected natural areas of national interest.

(3) Within the area protected as a matter of national interest delimited or identified through the urban plan for areas protected as a matter of national interest, urban planning documentation may be initiated only by local public authorities, including at the request of private natural and legal persons, in compliance with the provisions on negotiation, regulated by art. 63 para. (4).

Article 78 - Local Urban Planning Regulation

(1) The local urban planning regulation is an integral part of general urban plans and zonal urban plans.

(2) The local urban planning regulation includes and details the provisions regarding the concrete manner of land use, as well as the location, sizing and implementation of built volumes, arrangements and plantings, materials and colours, by zones, in accordance with their architectural-urban characteristics, established on the basis of substantiation studies.

(3) The provisions of the local urban planning regulation are differentiated according to the reference territorial unit, zone or subzone targeted.

(4) The local urban planning regulation is the basic document in the application of PUG and PUZ, which detail in the form of prescriptions the urban planning regulations, limits and prohibitions proposed.

(5) In zones proposed for real estate development and in zones to be urbanized, the local urban planning regulation may establish limitations consisting of regulating the planned location and general characteristics of public works for roads, public facilities and utilities of general interest and green spaces to be created or modified, by delimiting the land necessary for these and imposing a minimum percentage of the area of a land/zone to be allocated for these.

(6) The local urban planning regulation mandatorily contains provisions applicable at the level of cadastral plots for:

a) establishment and/or expansion of green-blue infrastructure networks;

b) ensuring access to public transport infrastructure and to the network of rapid charging stations and/or recovery stations;

c) rules and measures for road safety in accordance with the conclusions of the transport infrastructure study.

Article 79 - Specific provisions for urban zones and functional rural zones

(1) Through the local urban planning regulation, specific conditions shall be established for balanced functional regulation to ensure easy access for all residents of functional urban zones and functional rural zones to public transport infrastructure and to the main functions of public interest.

(2) In the application of para. (1), the local urban planning regulation related to PUZ or PUG in urban zones and functional rural zones shall contain specific provisions regarding minimum distances between plots on which housing can be authorized and plots on which functions of public interest will be authorized.

Article 80 - Substantiation Studies

(1) Substantiation studies are specialized works through which analyses and proposals for solving territorial and locality problems are carried out, by domains, their results being intended to support the proposals for regulating the development of administrative-territorial units, which are formulated through basic documentation and policies and projects through which the documentation is operationalized.

(2) Substantiation studies are carried out prior to or concurrently with the elaboration of territorial and urban planning documentation and must present conclusions based on analysis of updated data, with a maximum age of 3 years from the date of elaboration.

(3) By exception to para. (2), studies, research and projects older than 3 years may be used only in the situation where the elaborator of the urban planning documentation confirms that the information has not lost its validity.

(4) The categories of information necessary for the elaboration/updating of territorial and urban planning maps that are collected continuously and integrated into the National Territorial Observatory are established by order of the minister responsible for territorial planning, urbanism and construction.

Article 81 - Detailed Urban Project

(1) The detailed urban project, hereinafter referred to as PUD, is the urban design instrument with specific detailing character through which the conditions for location, sizing, shaping and utility servicing of one or more investment objectives are ensured, in order to correlate with the predominant function and with immediate surroundings.

(2) Through PUD, the following elements included in urban planning maps are studied and detailed:

a) functional and aesthetic relationships with the surroundings, namely the inscription of maximum buildable area and its architectural-volumetric treatment in relation to the adjacent built and natural framework;

b) compatibility of functions and shaping of buildings, constructions, arrangements and plantations;

c) access routes and auto and pedestrian circulation, including the manner of connection to public roads, correlated with the characteristics of circulation arteries and traffic volumes in the area;

d) shaping and location of facilities, necessary parking spaces, platforms for selective collection of household waste, playgrounds, parks, squares, sports fields;

e) restrictions and/or partial or permanent prohibitions generated by protection or safety zones, for public investments proposed in the area;

f) legal circulation of land in relation to public investments proposed in the area.

(3) PUD is elaborated only for detailed detailing of provisions established through PUG or PUZ or for the development of investments in the field of renewable energy located within the town limits of administrative-territorial units, in case the function complies with the function established through higher-level documentation.

Article 82 - Situations regarding the initiation of PUD

(1) By exception to the provisions of art. 81 para. (3), the modification of regulations approved through higher-level urban planning documentation by a detailed urban project within the limits provided by this code may be initiated only under the following conditions:

a) in the case of plots with irregular geometry and within which regular geometry surfaces cannot be accommodated;

b) the minimum buildability conditions of the plot, regulated through urban planning documentation regarding land area and/or street frontage, are not met, and the differences are below the limit of a 10% deviation from the minimum values established;

c) for the necessity of covering gable walls and/or alignment with existing cornices;

d) in zones or particular cases established through general or specific prescriptions from local urban planning regulations related to PUG or PUZ in force;

e) for the extension of existing public buildings in order to comply with current technical regulations that require modification of the approved regulation;

f) for establishing the manner of location and shaping of metro stations, if not established through a zonal urban plan;

g) for establishing the manner of location and shaping of border crossing points;

h) for the arrangement and systematization of intersections of category III and IV existing streets and intersections between them, in accordance with Government Ordinance no. 43/1997 on the road regime, as subsequently amended and supplemented, and based on the conclusions of the transport infrastructure study.

(2) PUD may modify regulations approved through urban planning documentation of a higher level, exclusively regarding:

a) the positioning of buildings in relation to the alignment, lateral and rear boundaries of plots, the positioning of buildings on the same plot, when details are necessary regarding the fit within the existing morphology, when the conditions for positioning or foundation are difficult, as well as when the minimum buildability conditions of the plot established through urban planning documentation are not met;

b) urban indicators, as follows: (i) increasing the percentage of land occupation - POT and/or the land utilization coefficient - CUT by at most 20% compared to the maximum admitted parameters, only once, exclusively to ensure the built area at ground level or developed necessary to cover visible gable ends, for alignment with existing cornices on plots adjacent to the one on which the investment is proposed, in order to create accents for corner plots, enhancing the value of a perspective end, for plots that form the front of a category I and II street, provided for in art. 9 of Government Ordinance no. 43/1997, republished, as subsequently amended and supplemented, as well as in necessary cases or to ensure and comply with fundamental quality requirements and/or applicable technical regulations;

(ii) increasing the maximum admitted height expressed in meters and/or the height regime, depending on the need to cover visible gable ends or alignment with existing cornices on plots adjacent to the one on which the investment is proposed, in order to create accents for corner plots, enhancing the value of a perspective end, for plots that form the front of a category I and II street, provided for in art. 9 of Government Ordinance no. 43/1997, republished, as subsequently amended and supplemented, as well as in necessary cases to ensure the spaces necessary for implementing alternative energy production systems and equipment and improving energy performance;

(iii) justified increase of the percentage of land occupation - POT and/or the land utilization coefficient - CUT by at most 20% compared to the maximum admitted parameters, and/or the height regime by a maximum of one additional level, only once, with the exception of protected areas, for new public buildings or for the extension of existing public buildings, to comply with applicable technical regulations;

c) modification of the isolated, coupled, terraced, or continuous or discontinuous building regime, with the exception of placement in protected built areas or areas protecting historical monuments, only when the minimum buildability conditions of the plot regulated through urban planning documentation are not met;

d) a single subdivision, into a maximum of 12 lots intended for individual dwellings and related functions, respecting the following cumulative conditions: (i) adoption of the provisions of PUG or PUZ regarding the characteristics of plots and regulations for construction;

(ii) the resulting plots have access to an existing road and/or regulated through urban planning documentation.

(3) PUD is elaborated for investment objectives proposed on a plot, regardless of area or within the limits of areas established through PUG or PUZ. By exception, it can also be carried out on several adjacent plots if the nature and function of the proposed investment requires it and/or if the legal regime of these does not allow their joining.

(4) The obligation to elaborate the detailed urban planning project and to obtain the technical opinion of the chief architect is mentioned in the urban planning certificate for construction/demolition for buildings.

Article 83 - Stages of PUD elaboration

(1) PUD is elaborated as a specialized study within the construction authorization stage and is prepared at the request of the beneficiary by specialists certified by the Register of Urban Planners of Romania.

(2) The elaboration, approval and authorization of the urban planning project is carried out within the construction work authorization procedure, based on the urban planning certificate obtained for construction authorization, and involves the following stages:

a) initiation of the detailed urban planning project as a result of meeting the necessary conditions for modifying the approved regulations, mentioned in art. 82 para. (1);

b) elaboration of the detailed urban planning project in at least two preliminary variants. The preliminary variants will study alternative location solutions;

c) analysis of the preliminary variants and establishment of the optimal solution within the technical commission for territory arrangement and urban planning;

d) elaboration of PUD in the form established as a result of the observations of the technical commission for territory arrangement and urban planning;

e) approval of PUD by the approving entities members within the single agreement commission and by the approving entities that issue approvals independently of the single agreement commission;

f) approval of the detailed urban planning project through the technical opinion of the chief architect and promotion for approval by mayoral order;

g) continuation of the construction work authorization procedure.

Article 84 - Approval of the detailed urban planning project

(1) PUD is analyzed mandatorily within the Technical Commission for Territory Arrangement and Urban Planning and is approved by the chief architect.

(2) In the absence of specialized structures or in the situation where the position of chief architect is occupied by a person without university or postgraduate specialized studies, the technical opinion of the chief architect will be issued by the structures responsible for urban planning within county councils, metropolitan areas or by the chief architect of the administrative-territorial unit associated in an administrative consortium.

(3) For the approval and authorization of the detailed urban planning project, the same approvals and agreements necessary within the construction authorization documentation will be obtained and used, with the exception of those issued strictly for construction authorization.

(4) The detailed urban planning project is approved by the single agreement commission at the local level provided for in this code, including by institutions from SNAOPSN for situations where the planned area is located in the proximity of buildings with special character and/or in the perimeters/protection zones thereof, established through territorial planning and/or urban planning documentation, or under the conditions provided for in art. 97 para. (2) of this code.

(5) The technical opinion of the chief architect is issued within a maximum of 15 days from the submission of complete and correct documentation.

Article 85 - Approval of PUD

(1) PUD is approved by the order issued by the mayor of the commune/city/municipality/sector of Bucharest municipality or by the general mayor of Bucharest municipality/president of the county council, as applicable, within a maximum of 15 calendar days from the issuance of the chief architect's opinion, based on the single agreement issued by the single agreement commissions at the local level and the opinions of institutions from SNAOPSN.

(2) The president of the county council approves PUD, with the prior opinion of the mayor of the interested localities, only if the regulated territory involves at least two administrative-territorial units or in the absence of specialized structures or in the situation of the chief architect position being held by a person without university or postgraduate specialized studies.

(3) The approved detailed urban planning project becomes an integral part of PUG or PUZ, as applicable, and is valid until the approval of urban planning documentation or a new PUD.

(4) After PUD approval, technical documentation can be prepared for obtaining the building permit.

Article 86 - Integrated Approval of Territorial Planning and Urban Planning Documentation

(1) In order to ensure an integrated and digitalized approval process for efficient completion of the elaboration, approval and adoption process, territorial planning documentation and urban planning documentation are approved exclusively on the basis of integrated opinions issued at central and local level, and it is forbidden to request other opinions and agreements except for the strategic environmental assessment procedure which is carried out separately, under the conditions of specific legislation, and the approval procedure by institutions from SNAOPSN. For integrated approval, the following commissions are established:

a) National Commission for Integrated Approval of Territorial Planning and Urban Planning Documentation, established at central level, with the commission secretariat ensured by the ministry responsible for territorial planning, urbanism and construction;

b) Local Commission for Integrated Approval of Territorial Planning and Urban Planning Documentation, established at the level of each county, metropolitan area of the municipality/city, with the secretariat ensured by the specialized structure under the chief architect.

(2) Based on the integrated single opinion from the central level provided for in art. 90 and/or the opinion from the local level provided for in art. 92, the public consultation report and the act resulting from the strategic environmental assessment procedure, as well as/or the opinions issued by institutions within SNAOPSN, as applicable, the approval procedure for the documentation subject to approval is initiated, without the need for other opinions and agreements.

(3) The obligation to obtain opinions from SNAOPSN institutions will be established by the public authorities authorized to specify the list of opinions and agreements necessary for territorial planning and urban planning documentation, based on the specifications approved by joint order of SNAOPSN institutions, applicable urban planning regulations and the provisions of art. 62 para. (4).

(4) The opinion of SNAOPSN institutions is issued within a maximum of 15 working days from the date of registration of complete documentation that meets all specific approval conditions.

(5) The favorable opinion issued by the institutions provided for in para. (3) is mandatory, in the form and content in which it was issued.

(6) Approval of territorial planning and urban planning documentation initiated by public authorities is exempt from any analysis or consulting fees or tariffs.

(7) Approval of territorial planning and urban planning documentation that includes objectives for operational preparation of the territory for defense is executed urgently by reducing approval periods by at least 50%.

(8) Within the approval procedures for territorial planning and urban planning documentation, with the exception of integrated single opinions, it is forbidden to condition the issuance of a requested opinion or agreement on obtaining another opinion or agreement issued by another entity. In this regard, it is forbidden to invoke internal approval procedures to condition the issuance of a requested opinion or agreement.

(9) Within the approval procedure for territorial planning and urban planning documentation, it is forbidden to request documentation and information that are not specific to the domain in question and that exceed the framework content established by this code.

(10) In the approval stage for zonal or detailed urban planning plans initiated by private beneficiaries, it is forbidden to charge multiple fees or tariffs. The fees or tariffs paid in the approval stage at the first submission remain valid, even if modification or completion of the urban planning documentation was requested and the documentation must be re-analyzed after revision or if opinions or agreements must be reconfirmed.

Article 87 - Competence for Approval of Territorial Planning and Urban Planning Documentation

(1) Zoning and inter-municipal, county-level territorial development plans, general urban plans for metropolitan areas, municipalities, towns and communes, as well as zoning urban plans for areas containing monuments in world heritage are approved both at national level by the national integrated approval commission for territorial development and urban planning documentation for alignment with national strategies and sectoral or integrated public policies, and at local level by the local integrated approval commission for territorial development and urban planning documentation, depending on their importance category.

(2) By exception to art. 86, zoning urban plans, other than those mentioned in para. (1) of this article, are approved by the local integrated approval commission for territorial development and urban planning documentation, depending on the complexity and specificity of the regulated territory.

(3) Integrated approval of territorial development and urban planning documentation drawn up within administrative-territorial units that do not have a specialized structure or in the situation where the chief architect position is occupied by a person without university or postgraduate specialized studies, and which are not part of an inter-community development association or an administrative consortium with responsibilities in the field of territorial development and urbanism, is carried out at county council level.

(4) The list of approvals and agreements required for each type of territorial development and urban planning documentation shall be drawn up by the ministry responsible for the field of territorial development, urbanism and construction and approved by ministerial order.

Article 88 - National Integrated Approval Commission for Territorial Development and Urban Planning Documentation

(1) The National Integrated Approval Commission for Territorial Development and Urban Planning Documentation is composed of specialists in the field designated as representatives of the following central public institutions and authorities, national companies and societies, professional organizations and higher education institutions:

a) the ministry responsible for the field of territorial development, urbanism and construction;

b) the ministry responsible for the field of culture;

c) the ministry responsible for the field of transport and infrastructure, through its subordinate/subordinated units, which administer transport infrastructures of national interest, namely the Romanian Civil Aviation Authority, in the exercise of its responsibilities under art. 87 para. (1) of Law no. 21/2020 on the Air Code, as subsequently amended and supplemented, as applicable;

d) the ministry responsible for the field of agriculture;

e) the ministry responsible for the field of economy;

f) the ministry responsible for the field of tourism;

g) the General Inspectorate for Emergency Situations;

h) the National Regulatory Authority in the Mining, Oil and Geological Storage of Carbon Dioxide Sector;

i) the National Administration of Romanian Waters, through its subordinate units;

j) the National Agency for Cadastre and Real Estate Publicity;

k) the Register of Urban Planners of Romania;

l) specialists in the field of territorial development, urbanism and architecture designated on the basis of recommendations from professional associations and specialized higher education institutions;

m) representatives of the association of county chief architects.

(2) The composition of the national integrated approval commission for territorial development and urban planning documentation may be supplemented with representatives of other central public institutions and authorities or national companies and societies, as applicable, in addition to those provided in para. (1), depending on the specificity of the territorial development or urban planning documentation subject to approval, as well as, with the status of guests, in the case of documentation with impact on their activities, representatives of institutions from SNAOPSN interested.

Article 89 - Operation of the National Integrated Approval Commission for Territorial Development and Urban Planning Documentation

(1) The National Integrated Approval Commission for Territorial Development and Urban Planning Documentation is led and convened by the ministry responsible for the field of territorial development, urbanism and construction. Commission members are appointed by the heads of institutions and bodies involved in the approval process.

(2) The operating regulations of the commission shall be drawn up by the ministry responsible for the field of territorial development, urbanism and construction and approved by ministerial order.

(3) The documentation necessary to obtain the integrated approval from central level is transmitted to the commission in electronic format, signed with a qualified professional electronic signature, by uploading it to the National Platform for Urban and Territorial Planning and Building Authorization, a component part of the National Territorial Observatory, to which all commission members have access. Until the platform becomes operational, the documentation is transmitted by email to all commission members.

(4) The National Integrated Approval Commission for Territorial Development and Urban Planning Documentation works in plenary, in physical format at the headquarters of the ministry responsible for the field of territorial development, urbanism and construction or online, and adopts decisions in compliance with the approvals/agreements/opinions issued by the approving institutions.

(5) Within a maximum of 60 calendar days from the registration of the documentation, members of the national integrated approval commission for territorial development and urban planning analyze the submitted documentation and transmit specific approval conditions.

(6) The single integrated approval from national level is issued within a maximum of 15 working days from the date of registration of the complete documentation that meets all specific approval conditions formulated by each member of the national integrated approval commission for territorial development and urban planning documentation, in relation to the responsibilities of the institutions, respectively organizations or bodies they represent.

(7) If the territorial planning or urban planning documentation submitted for approval is incomplete, requires technical clarifications or modifications, within the term provided in para. (8), the central, local public authorities and institutions and other entities issuing approvals and permits have the obligation to transmit to the applicant, only once, all conditions and requests for modification, completion or clarification, through a single communication address, with sound technical and/or legal justification of the clarifications and modifications or completions requested.

(8) The completions requested by the approving institutions through the integrated national approval commission shall be submitted within a maximum of 6 months. In case the term is exceeded, the documentation will receive a negative approval, and it will be necessary to resubmit it for approval.

(9) For the approval of territorial planning and urban planning documentation by all entities issuing approvals and permits, the following are prohibited:

a) conditioning the issuance of approvals or permits on the prior obtaining of other approvals or permits, except for the opportunity approval and the chief architect's approval. Approvals and permits are requested simultaneously from all approvers, and the information and conditions from these are introduced by the designer and beneficiary in the documentation, so that the final solution to be proposed for approval meets all conditions imposed by the approvers;

b) requesting documents or information that exceed the specific sectoral foundation studies and the framework content of territorial planning and urban planning documentation, established by the methodologies for elaborating territorial planning and urban planning documentation, issued in application of the law, approved by order of the minister responsible for the field of territorial planning and urbanism;

c) imposing requirements or solutions that are not related to the subject of regulation or to the degree of detail of information specific to the type of territorial planning or urban planning documentation.

Article 90 - Integrated Single Approval of the Integrated National Approval Commission for Territorial Planning and Urban Planning Documentation

(1) The ministry responsible for the field of territorial planning, urbanism and construction issues the integrated single approval at central level based on and respecting the favorable points of view expressed by the participating institutions and the approvals from SNAOPSN, recorded in the minutes of the meeting of the integrated national approval commission for territorial planning and urban planning documentation.

(2) The integrated single approval cannot be issued in the absence of approvals/permits from SNAOPSN institutions or in the situation where one or more SNAOPSN institutions have expressed disagreement regarding the integrated single approval of the documentation.

(3) At the request of SNAOPSN institutions and in the situation where national security interests are affected, the integrated national approval commission, based on the analysis performed, recorded in the minutes of the meeting, may request the ministry responsible for the field of territorial planning, urbanism and construction to issue an unfavorable approval.

Article 91 - Local Integrated Approval Commission for Territorial Planning and Urban Planning Documentation

(1) The local integrated approval commission for territorial planning and urban planning documentation is composed of representatives of the following interested institutions and bodies:

a) the county and/or local council of the administrative-territorial unit on whose territory the territorial planning or urban planning documentation is being elaborated, as the case may be, through the chief architect;

b) the metropolitan area or functional urban area through the chief architect of the administrative-territorial units on whose territory the territorial planning or urban planning documentation is being elaborated, as the case may be;

c) the administrative-territorial unit on whose territory the territorial planning or urban planning documentation is being elaborated, as the case may be, through the chief architect of the administrative-territorial unit;

d) the ministry responsible for the field of transport and infrastructure, through representatives of the units under the subordination/authority of the Ministry that administers transport infrastructures of national interest involved, respectively the Romanian Civil Aviation Authority, in the exercise of the attributions assigned to it according to art. 87 para. (1) of Law no. 21/2020 on the Air Code, as subsequently amended and supplemented, as the case may be;

e) the National Authority for Management and Regulation in Communications - ANCOM;

f) the National Agency for Protected Natural Areas;

g) the forestry department;

h) the county agricultural department;

i) the territorial branch of the National Agency for Land Improvements;

j) the National Administration "Romanian Waters", through its subordinate units;

k) the County Emergency Situations Inspectorate / the Emergency Situations Inspectorate "Dealul Spirii" Bucharest - Ilfov;

l) the county or Bucharest municipality directorate of pre-university education;

m) the public health directorate;

n) the National Agency for Cadastre and Real Estate Publicity, through territorial offices;

o) the administrator of the protected natural area;

p) the regional or local operator, as the case may be, of public water supply and sewerage services;

q) the operators of electricity and natural gas distribution, through regional or local structures, as the case may be;

r) other public utility service operators and operators in the field of electricity and natural gas;

s) public lighting service operators;

t) water, wastewater and sewerage service operators.

(2) The composition of the local integrated approval commission for territorial planning and urban planning documentation may be supplemented with representatives of other institutions or national societies/companies in addition to those provided in para. (1), as the case may be, depending on the territorial planning or urban planning documentation subject to approval, as well as, with the status of guests, in the case of documentation with impact on their activities, representatives of interested SNAOPSN institutions.

(3) The local integrated approval commission for territorial planning and urban planning documentation at county level assumes the competence to approve urban planning documentation where the local integrated approval commission is not established.

(4) The local integrated advisory commission for territorial planning and urban planning documentation at county level ensures integrated advice at the level of communes, cities, with the exception of established metropolitan areas and municipalities.

(5) The local integrated advisory commission for territorial planning and urban planning documentation at metropolitan level is established at the level of the polarizing municipality and ensures integrated advice for all administrative-territorial units in the metropolitan area.

(6) At the advisory meetings organized under the conditions of para. (3), the participation of a representative of the local public administration authority initiating the urban planning documentation is mandatory.

Article 92 - Operation of the local integrated advisory commission for territorial planning and urban planning documentation

(1) The local integrated advisory commission for territorial planning and urban planning documentation is led and convened by the chief architect. Commission members are appointed by the heads of institutions and bodies involved in the advisory process.

(2) The commission's operating regulations are drawn up by the specialized structure led by the chief architect and are approved by a decision of the local/county council or a decision of the General Council of Bucharest Municipality.

(3) The local integrated advisory commission for territorial planning and urban planning documentation works in plenary, in physical format at its headquarters or online, and adopts decisions based on the expression of the viewpoint of commission members.

(4) For the activity performed, commission members are entitled to a session fee, the amount of which is established by a decision of the local council/General Council of Bucharest Municipality/county council.

(5) The documentation necessary to obtain the integrated opinion at local level is transmitted to the commission in electronic format, signed with a qualified electronic signature obtained under the conditions of Government Emergency Ordinance no. 140/2020, by uploading it to the National Platform for Urban and Territorial Planning and Building Authorization to which all commission members have access. Until the platform becomes operational, the documentation is transmitted by email to all commission members.

(6) Within a maximum of 60 calendar days from the registration of the documentation, members of the local integrated advisory commission for territorial planning and urban planning documentation analyze the submitted documentation and transmit specific advisory conditions.

(7) If the submitted documentation is incomplete, requires technical clarifications or modifications, as a result of the analysis in the integrated advisory commission, all specific advisory conditions requested by the commission members shall be transmitted to the applicant, only once, in an integrated communication act.

(8) The single integrated opinion at local level is issued within a maximum of 15 working days from the date of registration of the complete documentation that meets all specific advisory conditions formulated by each member of the local integrated advisory commission for territorial planning and urban planning documentation, in relation to the responsibilities of the institutions, respectively organizations or bodies they represent.

(9) The single integrated opinion is issued on the basis of the minutes of the meeting of the local integrated advisory commission for territorial planning and urban planning documentation, which is signed by each member individually and in which the vote and observations of the members are recorded, becoming an annex to it. The single integrated opinion is signed by the secretariat of the commission and the chief architect mentioned in para. (1).

(10) Within a maximum of 60 working days from the entry into force of this code, local public administration authorities shall organize the local integrated advisory commission for territorial planning and urban planning documentation.

Article 93 - Tacit approval

(1) The participation of members within the integrated advisory commission and the transmission of their viewpoint are mandatory. If these conditions are not met, it is considered that tacit agreement has been expressed on the urban planning documentation subject to advice.

(2) The provisions of para. (1) do not apply to institutions from SNAOPSN, whose agreement/opinion/viewpoint is mandatory for the issuance of the single opinion. In case of exceeding the deadline for expressing the viewpoint, SNAOPSN institutions notify the integrated advisory commissions in a timely manner regarding the period necessary for issuing a response.

(3) For advisory entities that do not have representatives in the integrated advisory commission, in the situation of non-issuance of requests for clarification, modification or completion or of opinions with or without conditions or of a rejection notice within the deadlines provided by this code, the submitted documentation is considered complete and correct, and the opinions are considered to have been granted tacitly. Opinions issued after invoking tacit approval by the beneficiary do not produce legal effects.

(4) In the situations provided for in para. (3), where opinions are considered to have been granted tacitly, beneficiaries continue the procedure for approving territorial planning or urban planning documentation, and the specialized structures of the central or local public authorities submit the beneficiaries' documentation for approval, on the basis of proof of the initial registration of the documentation, respectively of its completion, modification, clarification, as the case may be, as well as a declaration under personal responsibility by which the beneficiary declares that no request for clarification, completion or modification was received, no opinion with or without conditions was issued or no rejection notice was issued, as the case may be, before the expiration of the deadlines.

(5) By way of exception to the provisions of para. (3), documentation submitted for advice to SNAOPSN institutions cannot be considered as complete and compliant in the situation of non-issuance of requests for clarification, modification or completion or of opinions with or without conditions or of a rejection notice, and opinions from these institutions cannot be considered as issued upon the expiration of the deadlines regulated by specific procedures, through tacit approval.

(6) The initiation opinion, opinions and agreements issued within the same procedure for elaborating or updating territorial planning or urban planning documentation maintain their validity from the moment of issuance until the approval of that documentation under the conditions of the law, regardless of the deadlines established by the internal procedures of the advisory bodies.

(7) The issuers of notices/approvals are obliged to transmit the notices/approvals to the beneficiary by electronic means on the day of issuance.

(8) If reconfirmation is requested, the notices and approvals obtained shall be reconfirmed within a maximum of 5 working days by the issuing entities in situations where there are no changes to the initially approved technical solution. In the absence of a response within the stated period, it shall be considered that there is no objection from the issuing entities, and the notice or approval shall be deemed reconfirmed.

(9) The initiation notice and the chief architect's notice cannot be considered as tacitly issued.

Article 94 - Initiative for the preparation of urban planning documentation

(1) The initiative for the preparation/modification/comprehensive updating of general urban plans and zonal urban plans belongs to the local public administration authorities.

(2) By exception to para. (1), the initiative for the preparation of zonal urban plans for areas protected as being of national interest may also belong to the ministry responsible for territorial planning, urbanism and construction or the ministry responsible for culture.

(3) The initiative for the preparation of the urban plan for areas protected as being of local interest belongs to the local council.

(4) By exception to the provisions of para. (1), the initiative for the preparation of zonal urban plans for areas that do not refer to areas protected as being of national or local interest as defined according to art. 182, as well as zonal urban plans for detailing the regulations from the General Urban Plan, under the conditions of art. 66, may also belong to interested natural or legal persons.

Article 95 - Updating of territorial planning and urban planning documentation

(1) The updating of territorial planning and urban planning documentation may be carried out through territorial planning documentation and urban planning documentation of identical rank, following the procedure applicable to the preparation of such documentation.

(2) For approved documentation, which has undergone modifications regarding properties, prohibitions and restrictions attached to them, respectively regarding the activities of institutions from SNAOPSN, local public authorities are obliged to take these modifications into account at the time of issuing urban certificates and establishing the necessary notices for urban planning documentation and authorization of construction works, if these have been officially communicated by the respective institutions.

(3) The updating of urban planning documentation is mandatory in situations where, following their approval, significant legislative changes have occurred that render the regulations of the respective urban planning documentation inoperative.

Article 96 - Public information and consultation

(1) Public information and consultation are ensured in all phases of the processes of initiation, preparation/updating/modification of territorial planning documentation and urban planning documentation, including detailed urban projects, and is an integral part of the procedure for initiation, preparation/updating/modification, approval and approval of these.

(2) Public information and consultation are carried out mandatorily in the following stages within the process of preparation, updating and modification of territorial planning documentation and urban planning documentation:

a) preparatory stage - information;

b) documentation and preparation stage of substantiation studies - consultation;

c) stage of preparation of proposals subject to the approval process - consultation;

d) stage of approval of the final proposal - information.

(3) By exception to the provisions of art. 7 of Law no. 52/2003 on decision transparency in public administration, republished, public information and consultation are carried out during the period of preparation and approval of the documentation, in accordance with the provisions of this code.

(4) Territorial planning documentation and urban planning documentation approved without compliance with the legal provisions regarding public participation are struck by nullity.

Article 97 - Responsibility for ensuring public participation

(1) The responsibility for ensuring public participation in the process of initiation, preparation/updating/modification of territorial planning documentation and urban planning documentation rests with the public administration authorities that have competence regarding the initiation, preparation/modification/updating and approval of territorial planning documentation and urban planning documentation.

(2) In the case of territorial planning documentation and urban planning documentation prepared by administrative-territorial units that are members of an intercommunal development association, the responsibility provided for in para. (1) rests with each administrative-territorial unit within the intercommunal development association through the competent local public administration authorities or through intercommunal development associations, in accordance with the statute.

(3) The conduct of participatory processes may be carried out through centres of expertise in territorial planning and urbanism.

Article 98 - Public information

(1) Public information is the activity through which public administration authorities make available to the public, by publication, at least the following:

a) the objectives of economic, social and environmental development regarding territorial planning and urban development of administrative-territorial units;

b) the content of territorial development strategies and urban planning documentation to be submitted for approval, as well as approved documentation;

c) the full content of territorial planning documentation and urban planning documentation, mandatorily comprising all written and drawn parts that make up the territorial planning documentation or urban planning documentation, the urban certificate, substantiation studies, notices and approvals issued;

d) the results of public information;

e) decisions approving territorial planning documentation or urban planning documentation.

(2) At the request of affected persons, public administration authorities shall provide, including the urbanism certificate, the substantiation studies, the opinions and approvals issued, in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC General Data Protection Regulation, as amended, and Law no. 190/2018 on measures to implement Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and without prejudice to the restrictions imposed by applicable legislation on trade and industrial secrets, intellectual property, protection of public and private interest, guarantee and protection of fundamental rights of natural persons with regard to the right to private, family and personal life.

(3) Public information is provided in all cases by each administrative-territorial unit involved.

(4) Public information is also provided through the National Platform for Urban and Territorial Planning and Building Authorization.

(5) The provisions of this article do not apply to urbanism documentation containing classified information initiated by SNAOPSN institutions.

Article 99 - Public Consultation

Public consultation is the activity of central and local public authorities through which the collection and consideration of options and opinions expressed by the public in the process of elaboration/updating/modification of territorial planning documentation and urbanism documentation is achieved.

Article 100 - Methodology for Public Information and Consultation

Public information and consultation shall be conducted in a differentiated manner, depending on the impact and complexity of the territorial planning documentation and urbanism documentation, in accordance with the methodology established by the ministry responsible for territorial planning, urbanism and construction.

Article 101 - Strategic Environmental Assessment

(1) The strategic environmental assessment of territorial planning documentation and urbanism documentation represents a stage in the process of elaboration and approval of documentation, which is carried out during the preparation of the documentation and is finalized before their approval.

(2) The following are subject to strategic environmental assessment:

a) elaboration, updating and modification of PATJ/PATZ/PATIC;

b) elaboration, updating and modification of PUG/PUGZM;

c) elaboration, updating and modification of PUZ.

(3) Corrections of material errors or simplified modifications of zonal urban plans for the implementation of punctual public investments are not subject to strategic environmental assessment, these falling under the scope of environmental impact assessment.

(4) On the basis of the strategic environmental assessment and sectoral substantiation studies, measures shall be identified and proposed regarding air quality improvement, measures to limit soil permeabilization, management of water from pluvial floods, reduction of flow rates and runoff, treatment of pluvial water and, where possible, recovery in landscape form. These measures may be either preventive, such as the obligation to infiltrate pluvial water at source, such as determining a maximum threshold for soil permeabilization and similar measures, or curative, construction of retention/restitution structures, use of nature-based solutions that contribute both to increasing biodiversity and to reducing urban heat islands.

Article 102 - Avoiding Duplication of Environmental Impact Assessment

(1) The strategic environmental assessment for territorial planning documentation and urbanism documentation elaborated at regional, county or local level, which are an integral part of documentation elaborated at national, regional, county or local level, as the case may be, which have already been subject to strategic environmental assessment, shall take into account the results of this assessment in order to avoid duplication.

(2) The provisions of para. (1) shall apply in accordance with the special law on strategic environmental assessment.

Article 103 - Financing of Territorial Planning and Urbanism Activities

(1) Territorial planning and urbanism activities, provided for in this code, represent multi-annual actions and are financed from the local budgets of administrative-territorial units, of administrative-territorial subdivisions, from the state budget within the limits of commitment credits and budget credits approved annually for this purpose, in the annual budget law and from own revenues, through the ministry responsible for territorial planning, urbanism and construction, as well as from own revenues of legal and natural persons interested in the development of a locality or an area within it, as well as from other legally constituted or attracted sources.

(2) For the conduct of common territorial planning and urbanism activities, for the achievement of objectives of general interest, county councils, local councils, the General Council of Bucharest Municipality and local councils of sectors may associate or, as the case may be, may collaborate, under the conditions of the law, with legal or natural persons from the country or abroad in order to attract additional funds.

(3) Territorial planning activities that include the objectives necessary to meet the strategic and operational needs of Romania included in the program for operational preparation of the territory for defense are financed with priority and are carried out from the budgets allocated to budget authorizers, including on the basis of financing proposals through the Connecting Europe Facility mechanisms regarding a network of logistics centers in the community space intended to support operations, and may benefit from the provisions of action plans and financing packages for military mobility.

Article 104 - Territory Planning and Urban Planning Activities Financed by the Ministry Responsible for Territory Planning, Urban Planning and Construction

(1) The Ministry responsible for territory planning, urban planning and construction finances the elaboration, updating and modification of the following:

a) Romania's territorial development strategy;

b) Romania's urban policy;

c) The national territory planning plan;

d) The general urban planning regulation, which represents the system of technical, legal and economic norms that forms the basis for elaborating general urban planning plans, as well as local urban planning regulations.

(2) The Ministry responsible for territory planning, urban planning and construction may finance, in justified situations, the elaboration/updating/modification of the following categories of documentation:

a) the county territory planning plan;

b) the zonal/intercommunal territory planning plan;

c) territory planning documentation and urban planning documentation for areas with historical monuments listed in the World Heritage List;

d) elaboration of urban planning plans for protected areas;

e) elaboration of territory planning documentation and urban planning documentation, hazard/risk maps for the purpose of preventing natural or industrial disasters;

f) elaboration and updating of general urban planning plans and zonal urban planning plans regarding urban regulation of the Black Sea coast, under the conditions of art. 200.

(3) The Ministry responsible for territory planning, urban planning and construction may implement programmes to support local development:

a) in order to ensure the fund of territory planning documentation and urban planning documentation at local level, local data banks and integrated urban development projects;

b) for identifying and delimiting informal settlements, establishing their typology, identifying measures and solutions for regulating them or, as the case may be, relocation and support for housing reconstruction, implementing actions aimed at improving living conditions for residents of informal settlements.

(4) The methodologies for substantiating allocations from the state budget, programme introduction, implementation, financing, the method of transferring funds from the state budget, monitoring the use of sums in the multiannual programme for financing the elaboration and/or updating of general urban planning plans, zonal urban planning plans for coastal areas and beach sectors, local urban planning regulations, as well as the documentation provided for in art. 200 para. (3), as well as prioritization criteria shall be approved by Government decision, at the initiative of the Ministry responsible for territory planning, urban planning and construction.

(5) The methodologies for substantiating allocations from the state budget, programme introduction, implementation, financing, the method of transferring funds from the state budget, monitoring the use of sums in multiannual programmes for producing risk maps for earthquakes and landslides, as well as prioritization criteria shall be approved by Government decision, at the initiative of the Ministry responsible for territory planning, urban planning and construction.

(6) For the purpose of transferring sums allocated from the state budget, by derogation from the provisions of art. 34 para. (2) lit. e) and h) and para. (3) of Law no. 273/2006 on local public finances, as subsequently amended and supplemented, for financing the activities and programmes provided for in para. (3) of this article, multiannual financing contracts shall be concluded between the Ministry responsible for territory planning, urban planning and construction and the local public administration authorities of county councils, as well as with the local public administration authorities of Bucharest municipality for a period of maximum 4 years, within the limit of commitment credits approved and/or estimated for this purpose, without annual breakdown of budget credits, which are entered cumulatively for the entire financing period. During the validity period of the financing contracts, the value of commitment credits from the state budget equals the value of budget credits.

(7) Depending on the budget provisions approved for this purpose in the budget of the Ministry responsible for territory planning, urban planning and construction through the annual budget law or in the situation where the beneficiary notifies the Ministry responsible for territory planning, urban planning and construction that it has not received the urban planning documentation, respectively the risk maps, before the expiry of the deadline provided for in para. (6), the duration of the financing contracts provided for in para. (6) may be extended by up to maximum 2 years.

Article 105 - Territory Planning Activities and Urban Planning Activities Financed by Local Public Authorities

(1) Local public authorities finance the elaboration, updating and modification of the following documentation, in accordance with their legal approval competencies, with the exception of documentation provided for in art. 200 para. (3), which is financed under the conditions of art. 104 para. (4):

a) the county territory planning plan and intercommunal zonal territory planning plans;

b) the general urban planning plan, including the general urban planning plan of the metropolitan area;

c) zonal urban planning plans at the initiative of the public authority.

(2) Local public authorities have the obligation to provide in their annual budgets funds for the elaboration, modification or updating, as the case may be, of integrated sustainable development strategies, territory planning plans, urban planning plans and projects, natural risk maps, including the substantiation studies necessary for their elaboration.

Article 106 - Financing of Territory Planning Documentation or Metropolitan or Intercommunal Urban Planning Documentation

The financing of the elaboration of the zonal/intercommunal territory planning plan and the general urban planning plan of the metropolitan area is ensured through contributions from the local budgets of the member administrative-territorial units, as well as from other sources, under the conditions of the law.

Article 107 - Urban Planning Activities Financed by Natural or Legal Persons

The substantiation and elaboration of zonal urban planning plans which may be initiated by natural or legal persons, under the conditions of art. 94 para. (4), are financed by the interested natural or legal persons.

Article 108 - Obligations regarding the implementation of territorial planning and urban planning documentation

(1) Territorial planning and urban planning documentation are mandatory for public administration authorities, public institutions, as well as for any natural or legal person.

(2) Administrative-territorial units, through their competent local public administration authorities, have the obligation to implement action plans and public investment programmes related to territorial planning and urban planning documentation, in the project domain for which they have financing competence.

(3) Administrative-territorial units, through their competent local public administration authorities, have the obligation to include in the budget the funds necessary for implementing the actions and public investment programmes, as provided in para. (2).

Article 109 - Validity period of territorial planning and urban planning documentation

Territorial planning and urban planning documentation have no limited validity period; they remain valid until the approval of new documentation of equal or higher rank that modifies them. Local public administration authorities have the obligation to verify every 5 years the relevance and implementation degree of the strategic, operational and regulatory provisions of the documentation and to initiate their updating in relation to economic, social and environmental dynamics and the conclusions of analyses.

Article 110 - Enforceability and publicity of urban planning documentation

(1) Urban plans and their related local urban planning regulations are administrative acts with normative character. The detailed urban project may be either an administrative act with normative character or an individual administrative act, depending on its characteristics.

(2) The provisions of the acts referred to in para. (1) are made public, including through publication on the website of the issuing public administration authority and in the National Territorial Observatory.

(3) After approval, urban plans and local urban planning regulations are enforceable in court.

(4) In order to ensure enforceability against third parties of urban planning regulations, within 15 days from the date of approval by local council resolution / General Council of Bucharest Municipality of urban planning documentation, mayors, through the specialised structure responsible for territorial planning and urbanism, are obliged to transmit the resolution accompanied by a copy of the urban planning documentation in electronic format to the cadastre and real estate publicity office.

(5) The cadastre and real estate publicity office shall proceed to note in the land register the fact that the properties included in the approved urban planning documentation are subject to those urban planning regulations, as well as to upload the information in the cadastre and real estate publicity evidence system and in the INSPIRE geoportal.

(6) Within the deadline provided in para. (4), a copy of the urban planning documentation in digital format shall be submitted to the ministry responsible for territorial planning, urbanism and construction in order for it to be included in the National Territorial Observatory, in the National Urban and Territorial Planning Platform and building authorisation system.

Article 111 - Policies, programmes and projects for implementing plans

(1) The application of urban planning regulations is carried out through the issuance of urban certificates and building permits, as well as through the preparation of necessary zonal urban plans or detailed urban projects, and the implementation of operational provisions of territorial planning and urban planning documentation is carried out through territorial policies, programmes and projects.

(2) The policies, programmes and projects included in the action plan respond to a series of sectoral objectives addressing the main dysfunctions identified in the supporting studies and in the analysis of the current development stage.

(3) The policies, programmes and projects referred to in para. (1) are structured by domains and included in the action plan related to the territorial planning or urban planning documentation.

(4) The action plan contains, in a synthetic version, at the date of approval of the territorial planning or urban planning documentation, a package of policies, programmes and projects structured by domains and objectives.

(5) The action plan, a component part of territorial planning and urban planning documentation, coordinates the implementation process of the proposals formulated through the territorial planning or urban planning documentation and identifies projects and activities, stages and responsibilities for their realisation.

Article 112 - Government of Romania

(1) The domains of territorial planning and urbanism are coordinated at national level by the Government of Romania through the competent ministry.

(2) As coordinator, the Government of Romania:

a) coordinates, through the Prime Minister, the elaboration by the ministry responsible for territorial planning, urbanism and construction, in consultation with other interested ministries, of the Strategy for territorial development of Romania, the Urban Policy of Romania and the sections of the National territorial planning plan and the elaboration of the Architecture Policy of Romania which is carried out in consultation with the Order of Architects of Romania;

b) coordinates through the Prime Minister the elaboration by the competent ministries of policies, programmes and projects through which the main directions of territorial and urban development established through the documents referred to in lit. a) are implemented, as well as those implementing the territorial development strategy of Romania.

Article 113 - Competent authority in the domain of territorial planning, urbanism and construction

(1) The ministry responsible for territorial planning, urbanism and construction is the central public administration authority responsible for developing strategy, public policies and regulations in its areas of competence and has the following responsibilities:

a) develops Romania's territorial development strategy and public policies in accordance with the main development directions established through it;

b) develops Romania's Urban Policy and other policies in its area of competence, as appropriate;

c) develops sections of the National Territorial Planning Plan;

d) develops the general urbanism regulation and the procedural and technical regulatory framework;

e) coordinates the development of urban plans for areas protected as national interest;

f) initiates and coordinates the development or updating of territorial planning and urbanism documentation for areas containing historical monuments listed in the world heritage list;

g) reviews draft normative acts with impact on territorial planning and urbanism activities;

h) collaborates with ministries and other central public administration bodies to develop substantiation studies for territorial planning and urbanism documentation, as well as substantiation of sectoral strategic programmes;

i) collaborates with regional development councils, county councils and local councils, and monitors how government programmes and Romania's territorial development strategy and its guidelines, territorial planning plans and urbanism plans are applied at regional, county and local level;

j) ensures review through the integrated single opinion from central level for all categories of territorial planning and urbanism documentation and general urban plans;

k) develops and manages, together with local public administration authorities, specific national IT platforms, namely the National Territorial Observatory, the National Urban and Territorial Planning and Construction Authorisation Platform, the National Urbanism Geoportal, the National Register of Buildings;

l) ensures the identification, delimitation and establishment by Government decision, with consultation of the central public administration authority responsible for the environment, the one responsible for culture and national heritage, as appropriate, as well as local public administration authorities, of territories with remarkable value through their unique and coherent landscape character, territories having particular value in terms of architecture and natural or built heritage or being evidence of ways of life, dwelling or activity and of industrial, craft, agricultural or forestry traditions;

m) exercises state control in the field of territorial planning and urbanism through the State Construction Inspectorate, hereinafter referred to as I.S.C.;

n) reviews technical regulations - standards, normative procedures, instructions, applicable in these fields, developed by ministries and other regulatory authorities, in order to achieve a unified normative framework for territorial planning, urbanism and construction.

(2) The ministry responsible for territorial planning, urbanism and construction may request local public administration authorities to develop or modify territorial planning or urbanism documentation, in order to deepen, detail or apply provisions contained in the Government's sectoral strategic programmes, as well as to respect the general interests of the state.

Article 114 - Ministries with relevant activity in the field of territorial planning and urbanism

Ministries, national institutions and agencies, as well as other central public administration bodies participate in territorial planning activities and urbanism activities, in their areas of competence, and ensure the development of specialist studies and access to public data free of charge and information for substantiating strategies, urbanism documentation and territorial planning documentation.

Article 115 - Control over territorial planning activities and urbanism activities

(1) State control over the development, review and approval of territorial planning and urbanism documentation is carried out by central, county and local public administration authorities. State control over the review, approval and application of provisions contained in urbanism documentation is carried out by I.S.C., according to the competences assigned to it by law.

(2) In order to implement the provisions of para. (1), the specialist departments within the ministry responsible for territorial planning, urbanism and construction, I.S.C. and representatives of local public administration authorities collaborate on a permanent basis.

Article 116 - County Council

(1) The county council is the local public administration authority that coordinates territorial planning activities and urbanism activities at county level, having a decision-making role in establishing general directions regarding territorial planning activity and urbanism activity.

(2) As coordinator of territorial planning activity and urbanism activity at county level, the county council, through its specialist structure, has the following responsibilities:

a) initiates the development and approves the county territorial planning plan;

b) proposes, as appropriate, the establishment of intercommunity development associations for metropolitan and periurban areas, in accordance with the development directions and areas identified in the county territorial planning plan;

c) ensures the uniform application of provisions contained in the county territorial planning plan, requesting local councils at the level of administrative-territorial units in the county to develop or update integrated sustainable local development strategies or general urbanism plans for compliance with them.

(3) In territorial planning and urban development activities, the county council is supported by the ministry responsible for territorial planning, urban development and construction, as well as by other ministries and bodies of the central public administration, including, but not limited to, the Ministry of Environment, Waters and Forests, the Ministry of Transport and Infrastructure, the Ministry of Culture, the Ministry of Energy or their deconcentrated structures.

(4) In fulfilling its responsibilities in the field of territorial planning and urban development, the county council uses synthesis information at county level from all fields of economic and social activity.

(5) Ministries and other bodies of the central public administration are obliged to provide free of charge to county and local public authorities information from their fields of activity for the territory of the respective county, respecting the regime for the protection of classified information, and local councils are obliged to provide information regarding the economic, social and urban development of localities.

Article 117 - Specific responsibilities of the county council president

(1) The county council president coordinates the activity of the specialized structure responsible for territorial planning and urban development, led by the chief architect.

(2) The county council president has the following responsibilities in the field of territorial planning and urban development:

a) proposes to the county council, based on the report of the specialized structure, the initiation and approval of the territorial planning plan of the county from the area of competence of the county council;

b) issues urban certificates and building/demolition authorizations, modification/regularization from its area of competence;

c) approves the initiation opinions prepared by the specialized structure led by the chief architect, in accordance with art. 69;

d) coordinates the activity of the coordination commission for informal settlements established at the level of the county council or the General Council of Bucharest Municipality, in accordance with the provisions of art. 128.

Article 118 - Specialized structure within the specialized apparatus of the county council responsible for territorial planning and urban development

(1) Within the specialized apparatus at the county council level, the specialized structure responsible for territorial planning and urban development operates, led by the county chief architect, a structure organized as a general directorate, directorate or service and bearing the name of the chief architect's institution.

(2) The specialized structure has the following responsibilities:

a) proposes, initiates and ensures the development of the territorial planning plan of the county;

b) coordinates the development of the integrated strategy for sustainable intercommunity development and the intercommunity territorial planning plan in the case of metropolitan or periurban areas established at county level;

c) monitors throughout the development process, reviews and submits to the county council for approval the integrated strategy for sustainable intercommunity development and the intercommunity territorial planning plan in the case of metropolitan or periurban areas established at county level;

d) coordinates and ensures public information and the process of public debate and consultation in order to promote territorial planning documentation;

e) prepares the specialized technical report for draft decisions concerning the approval of territorial planning plans that have been submitted to the county council or urban planning plans that are submitted to the local councils of administrative-territorial units that do not have the specialized structure according to the provisions of art. 122 para. (4);

f) prepares the report with a proposal to reject territorial planning documentation applicable at county level, as appropriate;

g) acts to ensure compliance with and implementation of the provisions of territorial planning and urban development documentation approved at county level;

h) convenes and ensures the discussion of the work of the technical commission for territorial planning and urban development;

i) prepares, verifies, substantiates and proposes the issuance of initiation opinions, urban certificates and building and demolition authorizations, in the situations provided by law;

j) prepares from a technical point of view, substantiates and proposes the issuance of the technical opinion of the chief architect for the detailed urban development project;

k) monitors the implementation of territorial planning and urban development documentation on the territory of the county;

l) ensures the inclusion in urban development documentation at the level of administrative-territorial units of the provisions of integrated territorial and urban development strategies and territorial planning plans, in particular regarding the location of investment projects of national, regional or county interest;

m) ensures notification of administrative-territorial units regarding investment projects of national, regional or county interest in order to modify urban development documentation at the level of administrative-territorial units;

n) transmits at the request of the ministry responsible for territorial planning, urban development and construction situations regarding the record and updating of territorial planning and urban development documentation;

o) organizes and coordinates the establishment and development of databases/data banks established in the field of territorial planning and urban development;

p) ensures the uploading to the National Territorial Observatory of territorial planning documentation and urban development documentation legally approved at the level of administrative-territorial units within the county;

q) coordinates and ensures public information and the process of public debate and consultation in order to promote documentation whose competence to adopt belongs to the county council;

r) participates through the nomination of the president in the development of integrated strategies for sustainable intercommunity development and reviews them from the point of view of correlation with territorial planning and urban development documentation legally approved;

s) ensures the establishment of territorial compatibility around Seveso-type sites, in accordance with the provisions of Joint Order no. 3.710/1.212/99/2017 on the approval of the Methodology for establishing adequate distances from potential risk sources within sites falling under the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, in territorial planning and urban development activities;

t) reviews the substantiation note, design brief and specifications prepared by the functional department responsible for promoting investments of county interest from the perspective of their compliance with territorial planning and urban development documentation;

u) ensures the organization and operation of the single agreement commission in accordance with the provisions of art. 317;

v) proposes the issuance of opinions for general urban plans and zonal urban plans aimed at modifying the boundary of the built-up territory, as well as for all urban development documentation initiated in communes, towns and municipalities that cannot ensure the occupation of the chief architect position;

w) prepares, verifies, substantiates and proposes the issuance of urban certificates and building and demolition permits for which it has the competence to issue;

x) exercises control, identifies and sanctions violations in the matter of authorizing construction works, according to the competencies conferred upon it by law;

y) reviews general urban plans, at the level of administrative-territorial units within the county, in order to ensure the correlation of general urban plans with the provisions of the county territorial planning plan and zonal urban plans that include areas bordering the territory of other counties;

z) provides, upon request, specialized technical assistance to local public administration authorities at the level of municipalities, towns and communes in the county in order to ensure the coherent and uniform transposition, at their level, of the provisions of territorial planning documentation at county level;

aa) provides methodological and technical support to local public administration authorities in the process of identifying, monitoring and organizing informal settlements.

Article 119 - Local Council / General Council of Bucharest Municipality

(1) The local council of the administrative-territorial unit coordinates and is responsible for all urban development activities carried out on the territory of the administrative-territorial unit and ensures compliance with the provisions contained in territorial planning documentation and legally approved urban development documentation, in order to achieve the objectives established by the integrated sustainable local development strategy.

(2) The local council of the administrative-territorial unit has the following duties:

a) approves the integrated sustainable local development strategy of the administrative-territorial unit;

b) approves the General Urban Plan of the administrative-territorial unit;

c) approves zonal urban plans;

d) approves the urban regeneration program and plan;

e) approves the land subdivision restructuring program;

f) reviews the intercommunal territorial planning plan in the cases provided by law;

g) approves urban regulations for the entire administrative territory established through urban development documentation;

h) approves the integrated sustainable intercommunal development strategy and the intercommunal territorial planning plan prepared at the level of the intercommunal development association to which the administrative-territorial unit belongs;

i) ensures the implementation of higher-ranking urban regulations and the correlation of local urban regulations with them, in accordance with the provisions of art. 15.

(3) The local council cooperates with the county council, and the local councils of the sectors of Bucharest Municipality cooperate with the General Council of Bucharest Municipality, as appropriate, and is supported by them in territorial planning and urban development activities.

(4) In fulfilling its duties regarding territorial planning and urban development, the local council uses summary information at local level from all fields of economic and social activity.

(5) The ministries and other bodies of the central public administration are obliged to provide free of charge to local public authorities information from their fields of activity, with respect to the protection regime of classified information, in order to carry out territorial planning and urban development activities at local level.

Article 120 - Specific duties of the mayor of the administrative-territorial unit

(1) The mayor, through the institution of the chief architect of the municipality, town or commune, as appropriate, has the following duties in the field of territorial planning and urban development:

a) ensures the preparation of the integrated sustainable local development strategy of the administrative-territorial unit;

b) ensures the preparation of urban plans in accordance with the provisions of the law;

c) ensures the establishment of the commission for determining territorial compatibility around Seveso-type sites, in accordance with the provisions of the Methodology for establishing adequate distances from potential risk sources within sites falling under the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, in territorial planning and urban development activities;

d) submits for approval to the local council, based on the report of the chief architect, urban development documentation;

e) acts to ensure compliance with and implementation of the provisions of approved urban development documentation, including with regard to ensuring the realization of transport infrastructure and technical-utility infrastructure;

f) proposes to the council the association within intercommunal development associations;

g) coordinates the issuance of the initiation opinion prepared by the institution of the chief architect of the municipality, town or commune, as appropriate;

h) issues urban certificates, building and demolition permits, certificates of attestation of building construction;

i) may delegate, by order, the duties conferred upon it by this code to the vice-mayor or public administrator.

(2) The mayor of the administrative-territorial unit, within their territorial area of competence, through the specialized structure responsible for territorial planning and urbanism, through the structures responsible for control and discipline in construction, social assistance and public health, respectively through the local police, has the following obligations:

a) identifies land within the administrative territory occupied by informal settlements, establishes their boundaries through measurements performed in the Stereographic 70 system and transmits the cadastral documentation in digital format to the county council and the ministry responsible for territorial planning, urbanism and construction for upload to the National Platform for Urban and Territorial Planning and Building Authorization;

b) creates and updates the database regarding the number of persons living in informal settlements, the properties occupied by them and the typology of informal settlements;

c) informs residents of informal settlements about the provisions of this code and initiates a process of consultation and participatory planning to identify intervention solutions adapted to the specifics of the informal settlement and the needs of the community;

d) initiates and coordinates the necessary steps to identify the legal and economic regime of the land occupied by informal settlements and to regulate them;

e) in case the regulation provides for partial or total dismantling of the respective informal settlements, ensures the relocation of their residents, under the following conditions: offering alternative housing solutions, either by providing social housing or by support in reconstructing homes on equipped land, identified and made available by the local public administration authorities, under the conditions of the law;

f) carries out prior information and consultation of residents in relocation situations regarding possible alternatives and obtains their consent;

g) initiates and coordinates the necessary actions to limit the expansion of informal settlements, by identifying available land for future residential areas or alternative housing solutions and informing residents of informal settlements about them;

h) initiates and coordinates the necessary actions for the provision of utilities in areas where informal settlements subject to regeneration or urban restructuring are located;

i) cooperates with the coordination commission for informal settlements established at the level of the county council / General Council of Bucharest Municipality and makes available to it all data and information requested by it.

Article 121 - Specialized structure within the apparatus of the mayor / general mayor of Bucharest Municipality / sector mayor responsible for the field of territorial planning and urbanism

(1) Within the apparatus of the mayor / general mayor of Bucharest Municipality functions, under the coordination of the mayor of the administrative-territorial unit, the specialized structure responsible for the field of territorial planning and urbanism, headed by the chief architect. The structure, which is organized as a general directorate or directorate at the level of municipalities, as a directorate or service at the level of cities and as a service or department at the level of communes and which bears the name of the chief architect's institution.

(2) The specialized structure responsible for the field of territorial planning and urbanism has the following attributions regarding territorial and urban planning:

a) prepares the substantiation note and the terms of reference for the elaboration of the integrated strategy for sustainable local development of the administrative-territorial unit, the integrated strategy for sustainable intercommunity development, urban plans, the intercommunity territorial planning plan, the zonal urban plan for urban regeneration, the urban plan for locally protected areas, the program and plan for urban regeneration and plot restructuring;

b) verifies from a technical and specific legislation perspective, substantiates and prepares the approval report for the territorial planning and urbanism documentations elaborated, which it submits for approval to the local council / General Council of Bucharest Municipality, based on the technical opinion of the chief architect;

c) ensures the establishment of territorial compatibility around Seveso-type sites, in accordance with the provisions of the Methodology for establishing adequate distances from potential sources of risk within sites falling under the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, as subsequently amended, in territorial planning and urbanism activities;

d) prepares the report with a proposal to reject the documentations referred to in lit. b), as appropriate. The report is approved by the mayor, with the visa of the general secretary and based on the unfavorable technical opinion of the chief architect, only for technical aspects and specific legislation, not for opportunity;

e) convenes and ensures the discussion of the works of the Technical Commission for Territorial Planning and Urbanism;

f) convenes and ensures the conduct of the work of the commission for establishing territorial compatibility around Seveso-type sites;

g) prepares, verifies, substantiates and proposes the issuance of initiation opinions, urbanism certificates and building, intervention, building for development, as well as demolition authorizations, certificates of attestation of building construction and certificates of attestation of the stage of execution of constructions;

h) prepares, verifies, substantiates and proposes the issuance of the chief architect's specialized opinion for the detailed urban project and for urbanism documentations subject to approval by the local council or General Council of Bucharest Municipality, as appropriate;

i) monitors the implementation of integrated strategies for sustainable local development and urban policies, as well as territorial planning and urbanism documentations;

j) ensures the management, record and updating of territorial planning and urbanism documentations;

k) participates in the elaboration of integrated strategies for sustainable intercommunity development and intercommunity territorial planning plans, to ensure the correlation and coordination of territorial planning;

l) submit quarterly to the ministry responsible for territorial planning, urbanism and construction reports on the records and updating of territorial planning and urbanism documentation;

m) organize and coordinate the establishment and development of urban/rural databases;

n) coordinate and ensure public information and the process of public debate and consultation to promote territorial planning and urbanism documentation under its management;

o) provide other specific public services related to territorial planning and urbanism activities.

(3) The specialized structure responsible for territorial planning and urbanism carries out operational activities as follows:

a) implement territorial planning and urbanism documentation;

b) ensure the organization and functioning of the single agreement commission in accordance with art. 317;

c) coordinate and ensure public information and the process of public debate and consultation to promote territorial planning and urbanism documentation under its management;

d) prepare and issue urbanism certificates and building/demolition permits, certificates of building completion, certificates of construction execution stage and other acts related to the building authorization procedure;

e) exercise control, identify and sanction violations in building authorization and construction work execution in collaboration/cooperation with local police or other functional departments with responsibilities in this regard.

(4) In exercising its responsibilities, the specialized structure collects data and information from the entire specialized apparatus of the mayor/mayor of Bucharest, as well as from other local or central public authorities and institutions for the administration and updating of urban or rural databases, as appropriate.

(5) In the case of metropolitan areas, the activity of specialized structures may be organized within an administrative consortium in accordance with applicable legislation, which ensures the operational activity provided for in para. (3).

(6) Specific activities of specialized structures at the metropolitan area level regarding territorial planning shall be ensured by the specialized structure of the polarizing municipality.

Article 122 - Provisions applicable to administrative-territorial units that do not have specialized structures responsible for territorial planning and urbanism

(1) In order to professionalize and ensure the necessary specialized structures for coherent and sustainable development, administrative-territorial units that cannot ensure the organization of specialized structures responsible for territorial planning and urbanism within the specialized apparatus of the mayor have the possibility to associate in intercommunity development associations or in administrative consortiums under the conditions of Government Emergency Ordinance no. 57/2019 on the Administrative Code, as subsequently amended and supplemented.

(2) The intercommunity development associations provided for in para. (1) are established to ensure the joint provision of public services regarding urban and territorial planning, issuance of urbanism certificates and building/demolition permits and other specific public services related to territorial planning and urbanism activities.

(3) In the case of cities and communes that are not part of intercommunity development associations established for the purpose provided for in para. (2), in order to jointly provide public services regarding urban and territorial planning, issuance of urbanism certificates and building/demolition permits, the duties of the chief architect are performed by a civil servant from the specialized apparatus of the mayor, graduate of specialized continuous professional training courses in the field of territorial planning, urbanism and building authorization, organized by public institutions with responsibilities in the field of professional training in collaboration with the Register of Urban Planners of Romania.

(4) For administrative-territorial units that do not have qualified personnel in the field of territorial planning and urbanism and which are members of an administrative consortium, the responsibilities in this field are ensured by the qualified personnel of the associated administrative-territorial unit, under the conditions of the law.

(5) In the event that the requirements provided for in para. (3) or (4), as appropriate, are not met, the responsibilities are performed by the chief architect institution within the specialized apparatus at county level, on the basis of a convention.

(6) The operational activities of specialized structures within administrative-territorial units that cooperate in the field of territorial planning and urbanism, in accordance with art. 89 para. (3) of Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, may also be exercised through county structures with legal personality of associative structures or through associative structures of local public administration authorities recognized as being of public utility, in accordance with Government Ordinance no. 26/2000 on associations and foundations, as subsequently amended and supplemented, provided that the employed persons meet the professional qualification requirements required by this code for the chief architect.

Article 123 - Common provisions regarding the provision of information in the context of territorial planning and urbanism activities at county and local level

(1) In fulfilling its responsibilities in the field of territorial planning and urbanism, the county council and local council/General Council of Bucharest, the mayor/general mayor, the chief architect and public institutions of local interest use summary information from the county or administrative-territorial unit level from all fields of economic-social activity.

(2) The ministries and other specialized bodies of central public administration, including public services and their deconcentrated structures, operators and public service providers, are obliged to ensure access to electronic databases managed by them for the fulfillment of the legal attributions of county and local public authorities and territorial planning and urban planning agencies, information from their fields of activity for the county or administrative-territorial unit, as the case may be, in compliance with European Union legislation in the field of personal data protection.

(3) Local public authorities, through their specialized structures in the field of urbanism, are obliged to provide each other and transmit, semi-annually or whenever changes occur, to the centers of expertise in territorial planning and urbanism information regarding the economic-social and urban development of localities. These data, information, plans and documentation are transmitted digitally or through information systems, GIS format, on the basis of a protocol.

(4) The provisions of this article do not apply to institutions from SNAOPSN.

Article 124 - Common provisions regarding the chief architect

(1) The head of the specialized structure responsible for the field of territorial planning and urbanism within the specialized apparatus of the county council or the mayor performs the function of chief architect and represents the technical authority in the field of territorial planning and urbanism within the local public administration authorities.

(2) The chief architect carries out a strategic activity of public interest, whose main objectives are strategic planning, organization and coordination of urban development of the administrative-territorial unit, sustainable development of the community, coordination of territorial development activities, territorial planning and urbanism, hereinafter referred to as territorial planning activity.

(3) The chief architect carries out an operational activity of public interest, whose objectives are the implementation of normative acts and administrative acts, the implementation of territorial planning acts and legally approved urban planning documentation, the preservation of territories with remarkable value through their character of uniqueness and landscape coherence, territories having particular value in terms of architecture and natural or built heritage or being witnesses to ways of life, dwelling or activity and industrial, craft, agricultural or forestry traditions, at the level of the administrative-territorial unit both with regard to new constructions and with regard to interventions on existing constructions.

(4) The chief architect cannot be subordinated to any other public official or contractual personnel within the specialized apparatus of the county council or the mayor, regardless of the type of specialized structure he manages, namely general directorate, directorate, service or department.

(5) In his activity, the chief architect is supported by the technical commission for territorial planning and urbanism, hereinafter referred to as CTATU, a commission that ensures technical specialization foundation for decision-making.

(6) The opinion of the chief architect is not subject to deliberation by the county council / local council / General Council of Bucharest Municipality, as the case may be.

(7) Chief architects cooperate permanently with specialized directorates within the ministry responsible for the field of territorial planning, urbanism and construction in order to transpose the guidelines of integrated strategies for sustainable territorial development, territorial planning acts, as the case may be, approved at national and regional level, sectoral policies, national programs and priority projects.

(8) The chief architect of Bucharest Municipality convenes, on a mandatory basis, monthly and whenever necessary, the chief architects of the sectors in order to communicate and correlate decisions, within the limits of the law, in order to ensure the coherence of territorial development, protection of heritage values and urban and architectural quality.

(9) For administrative-territorial units that are members of a metropolitan area, the attributions regarding the elaboration, approval and submission for approval of territorial planning documentation and urban planning documentation shall be fulfilled by the chief architect of the polarizing city.

(10) For administrative-territorial units constituted in administrative consortia, the attributions in the field of territorial planning, urbanism and construction shall be fulfilled by the chief architect of the administrative-territorial unit where the function of chief architect is occupied and who provides services regarding the elaboration, approval and submission for approval of territorial planning documentation and urban planning documentation for the other administrative-territorial units in which the function of chief architect is vacant or temporarily vacant.

(11) Chief architects within administrative-territorial units associated within intercommunity development associations ensure the coordination activity of the preparation of the issuance of administrative acts of public authority for the administrative-territorial unit to which they belong.

(12) Chief architects at the county level, as well as chief architects at the level of cities and municipalities are ex officio members of the monitoring unit of the center of expertise for territorial planning and urbanism established at county level, in accordance with the provisions of art. 136.

Article 125 - Attributions of the chief architect

(1) The chief architect has the following attributions:

a) carries out planning activities in the field of territorial planning and the field of urbanism;

b) carries out operational activities in the field of authorization and execution of construction works;

c) ensures, through the specialized structure, the administration of activities in the field of territorial planning, urbanism and construction;

d) promotes and coordinates the territorial policies of local public administration authorities, as the case may be, regarding the development and urban planning of the administrative-territorial unit;

e) coordinates the elaboration of the integrated strategy for sustainable local development;

f) ensures the development and implementation of territorial planning and urban planning documentation at the level of the administrative-territorial unit, which provides the basis for projects, programmes and public policies resulting from the application of the integrated sustainable local development strategy;

g) monitors the implementation of territorial planning documentation, urban planning documentation and building/demolition permits;

h) cooperates permanently with deconcentrated structures in the territory whose areas of activity are relevant to territorial planning, urbanism and construction, in order to ensure coordinated and unified development of the territory of the administrative-territorial unit;

i) approves the design brief and public investment projects from the perspective of compliance with approved territorial planning and urban planning documentation.

(2) The county chief architect is responsible for the technical coordination of the activities of chief architects of municipalities/cities/communes in the county, to ensure coordinated urban regulation of areas of county interest and for the implementation of projects of county interest.

(3) Under the coordination of the mayor/general mayor or the president of the county council, the chief architect is responsible for the process of local administration of the single window within the National Urban and Territorial Planning Platform and building authorization.

(4) In the case of Bucharest municipality, the duties provided for in para. (3) fall to the chief architect of Bucharest municipality.

Article 126 - The Chief Architect Function

(1) The chief architect function is held, under the conditions of this code and of Government Emergency Ordinance no. 57/2019 on the Administrative Code, as subsequently amended and supplemented, by a public official with the following professional qualifications:

a) architect or urban planner graduate with a bachelor's and master's degree or postgraduate studies in the field of urbanism and territorial planning, at the level of counties, county seat municipalities, Bucharest municipality and sectors of Bucharest municipality;

b) architect, urban planner or master builder, as well as engineer in the field of construction or engineer with the specialty economic engineering in construction, graduates of specialized continuous professional training courses in the field of territorial planning, urbanism and building authorization, at the level of municipalities other than those provided for in lit. a), and cities;

c) architect, urban planner or master builder, as well as engineer or sub-engineer in the field of construction or engineer with the specialty economic engineering in construction, graduates of specialized continuous professional training courses in the field of territorial planning, urbanism and building authorization, at the level of communes.

(2) In the event that the chief architect function is vacant, the operational duties conferred upon it by this code may be exercised temporarily by another public official within the specialized structure who meets the conditions provided for in para. (1), for a maximum period of 6 months in a calendar year or, in the event that no such public official exists at the level of the specialized apparatus, by the county chief architect until the chief architect function is filled, on the basis of an agreement concluded between the two local public authorities.

(3) The persons provided for in para. (1) lit. b) and c) who have the professional qualification of engineer or sub-engineer in the field of construction or engineer with the specialty economic engineering in construction and who have passed the competition for the public function, but do not have studies in the field of territorial planning and urbanism are obliged to complete the specific professional training courses organized by the National Institute of Administration in collaboration with the Register of Urban Planners of Romania, under the coordination of the ministry responsible for territorial planning, urbanism and construction, within a maximum of one year from appointment, under penalty of dismissal from the public function.

(4) In the event that at competitions organized for the chief architect function at the level of municipalities, with the exception of county seat municipalities, Bucharest municipality and sectors of Bucharest municipality, no persons appear who meet the seniority conditions in the specialty of studies provided for in art. 468 para. (2) lit. b) of Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, conditions may be established to allow participation in the competition of persons who meet the seniority conditions in the specialty of studies necessary for holding the chief architect function of minimum 5 years.

(5) In the event that at competitions organized for the chief architect function at the level of cities and communes no persons appear who meet the seniority conditions in the specialty of studies provided for in art. 468 para. (2) lit. a) of Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, conditions may be established for participation in the competition of persons who meet the seniority conditions in the specialty of studies necessary for holding the chief architect function of minimum 3 years.

(6) For communes, cities and municipalities that cannot ensure the filling of the chief architect function and do not belong to an intercommunal development association, constituted under the conditions of Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, for the purpose of jointly providing public services regarding urban and territorial planning, issuance of urban certificates and building permits, the duties of the chief architect shall be performed by a permanent public official within the chief architect's institution, graduate of specialized continuous professional training courses in the field of territorial planning, urbanism and building authorization, until the position is filled through competition, in accordance with Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented.

(7) Inter-municipal development associations established to organize and jointly exercise activities for the purpose of fulfilling duties assigned by law to local public administration authorities in the fields of control, inspection, urbanism and territorial planning shall hire only personnel with the professional qualifications provided in para. (1).

(8) By way of derogation from the provisions of art. 370 para. (2) of Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, personnel at the level of the administrative consortium, which carries out the activities provided in para. (6), exercises prerogatives of public authority and may sign minutes, opinions, urbanism certificates and building permits issued or drawn up in the name of local public administration authorities.

(9) The legal regime of conflicts of interest and incompatibilities applicable to civil servants, provided by Book I Title IV Chapter II of Law no. 161/2003 on measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and punishment of corruption, as subsequently amended and supplemented, applies accordingly to the personnel provided in para. (8) and to those hired according to para. (6) of art. 122.

Article 127 - Coordination Commission for Informal Settlements

(1) The County Council, respectively the General Council of Bucharest Municipality ensures the organization and functioning of a commission for coordinating the implementation of measures necessary to improve living conditions of inhabitants in informal settlements, methodological and operational support for local public administration authorities, as well as monitoring the fulfillment of responsibilities and implementation of actions established at local level.

(2) The Commission provided in para. (1) is composed of representatives of specialized structures regarding territorial planning and urbanism, control and discipline in construction, social assistance and child protection at county level, public health, Roma issues, at county level and from the administrative-territorial units on whose territory informal settlements have been identified, as well as representatives of communities from informal settlements on the territory of the county, respectively of Bucharest Municipality and representatives of civil society.

(3) The nominal composition of the commission provided in para. (1) is established based on the proposals of the president of the county council and of the entities whose representatives are part of the commission and is approved, together with the regulation of organization and functioning, by the county council/General Council of Bucharest Municipality.

Article 128 - Technical Commission for Territorial Planning and Urbanism

(1) The Technical Commission for Territorial Planning and Urbanism, hereinafter referred to as CTATU, is a consultative entity with analysis and advisory duties, which supports chief architects in order to provide technical basis for the initiation opinion, the technical opinion of the chief architect and in other activities specific to it.

(2) The members of the commission are specialists in the field of urbanism, architecture, environment and landscape, historical monuments, archaeology, as well as in the field of law, public health, sociology, economics, geography, construction, geodetic engineering or transport.

(3) The activity of the commission is coordinated by the chief architect, and the secretariat of the commission is ensured by the person designated by order of the mayor/general mayor from within the specialized structure headed by the chief architect.

(4) The nominal composition of the technical commission for territorial planning and urbanism and the regulation of functioning are approved by decision of the county council/local council, respectively by the General Council of Bucharest Municipality, at the proposal of the chief architect, based on consultation with the president of the county council, the mayor, respectively the general mayor of Bucharest Municipality, professional associations in the field of territorial planning, urbanism, construction, higher education institutions in the field of urbanism, architecture and construction. Commission members receive a session fee established by decision of the local/county council.

(5) The Technical Commission for Territorial Planning and Urbanism is organized at the level of county seats, Bucharest Municipality, at the level of sectors, municipalities, cities and at the level of county councils. For metropolitan areas established according to law, technical commissions established at the level of the polarizing municipality are active.

(6) The Technical Commission for Territorial Planning and Urbanism organized at the level of county councils is an entity with an analysis role for all administrative-territorial units located in the county area, with the exception of established metropolitan areas, county seat municipalities and municipalities where they are not established, respectively Bucharest Municipality for which it analyzes only general urban plans, urban plans and projects that regulate land exceeding the administrative territory.

(7) At the meetings of the technical commission for territorial planning and urbanism, members who have the status of author of the documentation or projects or who carry out their activity within legal entities that had the status of author or collaborated/contributed in any way to the preparation of the documentation under discussion may not participate in decision-making.

(8) For participation in CTATU meetings, specialists have the right to a session fee of 250 lei per meeting, but regardless of the number of meetings, no more than 1,000 lei per month.

Article 129 - Duties of the General Council of Bucharest Municipality

(1) The General Council of Bucharest Municipality coordinates and is responsible for all urbanism activity carried out on the territory of the administrative-territorial unit and ensures compliance with the provisions contained in the territorial planning and urbanism documentation legally approved, to achieve the objectives established by the integrated strategy for sustainable local development of Bucharest Municipality.

(2) The General Council of Bucharest Municipality has the following duties:

a) approves the integrated strategy for sustainable local development of Bucharest Municipality;

b) approves the General Urban Plan of Bucharest Municipality;

c) approves zonal urban plans;

d) permanently cooperates with Ilfov County Council and with the local councils of the sectors of Bucharest Municipality and is supported by them in territorial planning and urban planning activities;

e) in fulfilling its duties regarding territorial planning and urbanism, the General Council of Bucharest Municipality uses synthesis information at the level of Bucharest Municipality and the metropolitan area from all fields of economic and social activity.

Article 130 - Duties of the General Mayor of Bucharest Municipality

The General Mayor of Bucharest Municipality has the following duties in the field of territorial planning and urbanism:

a) ensures the development of the integrated strategy for sustainable local development of Bucharest Municipality;

b) proposes to the General Council of Bucharest Municipality the approval and updating of the integrated strategy for sustainable local development of Bucharest Municipality;

c) issues an opinion on the intercommunal territorial planning plan for the metropolitan area;

d) performs operational duties to ensure the coordination of territorial planning activities and urban planning activities at the level of Bucharest Municipality;

e) ensures the development of the general urban plan and zonal urban plans of general interest, in accordance with the provisions of the law;

f) submits urban planning documentation to the General Council of Bucharest Municipality for approval, based on the technical report of the chief architect of Bucharest Municipality;

g) acts to ensure compliance with and implementation of the provisions of approved urban planning documentation, including ensuring the implementation of transport infrastructure and technical-utility infrastructure;

h) proposes to the General Council of Bucharest Municipality the development/modification/updating of the general urban plan and zonal urban plans of general interest for Bucharest Municipality;

i) performs operational duties to ensure the coordination of urban planning activities at the level of Bucharest Municipality;

j) ensures the establishment and management of the urban database in GIS information system at the level of Bucharest Municipality, through the specialized structure led by the chief architect of Bucharest Municipality and/or with the support of the territorial planning and urbanism expertise centre;

k) approves by mayoral order the detailed urban project and issues urban certificates and building/demolition permits for: (i) the execution of building/demolition works for investments carried out on land that exceeds the administrative-territorial boundary of a sector and/or that are carried out outside the town limits;

(ii) building, reconstruction, extension, repair, consolidation, protection, restoration, conservation works, as well as any other works, regardless of their value, which will be executed on buildings, constructions or parts of constructions together with installations, artistic components, integral part of these, together with the topographically delimited land, including their annexes, as well as other constructions, identified within the same property, individually classified as monuments according to Law no. 422/2001 on the protection of historical monuments, republished, with subsequent amendments and additions, land and/or construction properties, identified by cadastral number, located in protected built-up areas established according to the law, buildings with special architectural or historical value, established through approved urban planning documentation, land and/or construction properties, identified by cadastral number, included in subdivisions included in the List of historical monuments;

l) ensures the establishment of the commission for determining territorial compatibility around Seveso-type sites, in accordance with the provisions of the Methodology for determining adequate distances from potential sources of risk within sites that fall under the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, with subsequent amendments, in territorial planning and urban planning activities.

Article 131 - Duties of the Sector Mayor

The Sector Mayor, through the institution of the chief architect of the sector, has the following duties in the field of territorial planning and urbanism:

a) participates in the development of the integrated strategy for sustainable local development of Bucharest Municipality;

b) ensures the development of sectoral or integrated strategies that are in full coordination with the vision of development of Bucharest Municipality as a whole;

c) ensures the establishment of the commission for determining territorial compatibility around Seveso-type sites, in accordance with the provisions of the Methodology for determining adequate distances from potential sources of risk within sites that fall under the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, with subsequent amendments, in territorial planning and urban planning activities;

d) acts to ensure compliance with and implementation of the provisions of approved urban planning documentation, including ensuring the implementation of transport infrastructure and technical-utility infrastructure;

e) issues building and demolition permits at sector level, according to the competencies established by this code;

f) performs specific duties to ensure the coordination of urban planning activities at the level of Bucharest Municipality sectors;

g) makes available to the General Mayor's Office of Bucharest Municipality the urban databases at sector level in GIS information system, for their integration through the specialized structure led by the chief architect of Bucharest Municipality;

h) approves by mayoral order the detailed urban project and issues urban certificates at sector level and building/demolition permits for works executed in the administrative territory of the sectors, with the exception of those within the competence of the general mayor, including protection zones of monuments, historical monuments in the category of ensembles and sites.

Article 132 - Specialized structure within the apparatus of the General Mayor of Bucharest Municipality responsible for the field of territorial planning and urbanism

(1) Within the specialized apparatus of the General Mayor of Bucharest Municipality, there operates the specialized structure responsible for the field of territorial planning and urbanism, headed by the Chief Architect of Bucharest Municipality.

(2) The specialized structure at the level of the specialized apparatus of the General Mayor of Bucharest Municipality, responsible for the field of territorial planning and urbanism, has the following specific duties regarding territorial planning and urbanism:

a) carries out the technical and economic activities necessary for the elaboration of the integrated strategy for sustainable local development and the general urban plan of Bucharest Municipality;

b) submits the integrated strategy for sustainable local development for approval to the General Council of Bucharest Municipality, based on the technical opinion of the Chief Architect of Bucharest Municipality and the opinions of the Chief Architects of the sectors;

c) prepares the technical report with a proposal for approval/rejection of urban planning or design documentation, as appropriate;

d) convenes and ensures the functioning of CTATU;

e) convenes and ensures debates within the working group of the Chief Architects of the sectors and the Chief Architect of Bucharest Municipality;

f) prepares from a technical point of view, substantiates and proposes the issuance of the technical opinion of the Chief Architect of Bucharest Municipality;

g) participates in the elaboration of integrated strategies for sustainable intercommunal development of the metropolitan area and plans for the arrangement of intercommunal territory, in order to ensure the correlation and coordination of territorial planning;

h) approves public investment projects initiated by the General Mayor's Office of Bucharest Municipality and by public interest institutions subordinated to the General Council of Bucharest Municipality from the perspective of compliance with legally approved urban planning documentation;

i) ensures the management, record-keeping and updating of the general urban plan, including through the use of the GIS information system;

j) periodically transmits to the ministry responsible for territorial planning, urbanism and construction information regarding the record-keeping and updating of territorial planning and urban planning documentation, through the GIS information system;

k) organizes and coordinates the establishment and development of urban databases at the level of Bucharest Municipality;

l) ensures the introduction of information into the Urban Planning Geoportal and the National Register of Buildings.

(3) The specialized structure at the level of the specialized apparatus of the General Mayor of Bucharest Municipality responsible for the field of territorial planning and urbanism carries out operational activities as follows:

a) implements legally approved territorial planning and urban planning documentation;

b) ensures the organization and functioning of the single agreement commission, in accordance with the provisions of art. 307, for administrative acts within the competence of the General Mayor to issue;

c) coordinates and ensures public information and the process of public debate and consultation in order to promote territorial planning documentation and urban planning documentation developed at the level of Bucharest Municipality;

d) ensures and provides other specific public services for territorial planning activities and urban planning activities, including the preparation of studies or projects that substantiate the decisions of the General Mayor of Bucharest Municipality and the General Council of Bucharest Municipality;

e) exercises control, identifies and sanctions violations in the matter of authorization and execution of construction works for properties within the competence of authorization of the General Mayor, in collaboration/cooperation with local police or other functional departments with duties in this regard.

(4) In exercising its duties, the specialized structure at the level of the specialized apparatus of the General Mayor of Bucharest Municipality responsible for the field of territorial planning and urbanism collects data and information from the entire specialized apparatus of the General Mayor of Bucharest Municipality and from the sector mayors, as well as from other local or central public authorities and institutions for the administration and updating of urban databases, in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and Law no. 190/2018 on measures to implement Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

(5) The specialized structure at the level of the specialized apparatus of the General Mayor has the obligation to transmit data and information to the sectors for the establishment and development of urban databases of the sector.

Article 133 - Specialized structure within the specialized apparatus of the sector mayor responsible for the field of territorial planning and urbanism

(1) Within the specialized apparatus of the sector mayor there operates the specialized structure responsible for the field of territorial planning and urbanism, headed by the Chief Architect of the sector.

(2) The specialized structure at the level of the specialized apparatus of the sector mayor responsible for the field of territorial planning and urbanism has the following duties:

a) prepares the technical report of the Chief Architect of the sector regarding the integrated strategy for sustainable local development of Bucharest Municipality and the general urban plan of Bucharest Municipality;

b) prepares the technical report of the Chief Architect of the sector regarding the elaboration of the integrated strategy for sustainable intercommunal development and the plan for the arrangement of intercommunal territory, as appropriate;

c) submits the integrated strategy for sustainable local development for approval to the local council, based on the technical opinion of the Chief Architect of the sector;

d) prepares the technical report with a proposal for approval or rejection of urban planning and design documentation;

e) ensures the establishment of territorial compatibility around Seveso-type sites, where applicable, in accordance with the provisions of the Methodology for establishing appropriate distances from potential sources of risk within sites falling under the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, as subsequently amended, in territorial planning and urban development activities;

f) convenes and ensures the discussion of the work of the technical urban planning commission at sector level;

g) convenes and ensures the conduct of the work of the commission for establishing territorial compatibility around Seveso-type sites;

h) prepares, verifies from a technical perspective, substantiates and proposes the issuance of the initiation opinion;

i) prepares from a technical perspective, substantiates and proposes the issuance of the technical opinion of the chief architect of the sector for the detailed urban project and for urban planning documentation subject to local council approval;

j) participates in the development of integrated sustainable development strategies for Bucharest municipality to ensure the correlation and coordination of territorial planning;

k) issues opinions on public investment projects, initiated by the sector mayor through the specialized apparatus and by public interest institutions subordinated to the local council, from the perspective of compliance with legally approved urban planning and design documentation;

l) ensures the management, record-keeping and updating of urban planning documentation;

m) periodically transmits to the chief architect of Bucharest municipality reports on the record-keeping and updating of urban planning documentation;

n) organizes and coordinates the establishment and development of urban databases of the sector;

o) participates personally or through designated representatives in the single approval commission for urban plans at the level of the General City Hall of Bucharest.

(3) The specialized structure at the level of the specialized apparatus of the sector mayor responsible for territorial planning and urban development carries out operational activities as follows:

a) implements legally approved territorial planning and urban planning documentation;

b) ensures the organization and functioning of the single approval commission at sector level, in accordance with the provisions of art. 307;

c) coordinates and ensures public information and the process of public debate and consultation for the promotion of urban planning documentation;

d) prepares and drafts urban certificates and building/demolition permits and site location opinions;

e) ensures other specific public services for territorial planning and urban development activities;

f) exercises control, identifies and sanctions violations in the matter of authorization and execution of construction works, in collaboration/cooperation with local police or other functional departments with responsibilities in this regard.

(4) In exercising its responsibilities, the specialized structure at the level of the specialized apparatus of the sector mayor responsible for territorial planning and urban development collects data and information from the entire specialized apparatus of the mayor, as well as from other local or central public authorities and institutions for the administration and updating of the sector's databases, as appropriate.

Article 134 - Public expertise centres for territorial planning and urban development

(1) Local public administration authorities may establish, in partnership with other central or local public authorities or institutions, public expertise centres for territorial planning and urban development, hereinafter referred to as ATU expertise centres, to support sustainable urbanism and earthquake-resilient and energy-efficient built stock.

(2) ATU expertise centres are non-governmental, non-profit, public utility organizations with legal personality, which are organized and operate under the conditions of art. 136. ATU expertise centres may be established at county level, at the level of Bucharest municipality, at the level of a functional urban zone or metropolitan area, administrative consortium or administrative-territorial unit. ATU expertise centres are financed from the state budget, local budgets, own revenues and other legally constituted sources.

(3) ATU expertise centres have the following responsibilities:

a) provide technical support at the request of county or local public authorities in the preparation and/or updating of county territorial planning plans and general urban plans and organize participatory territorial and urban planning processes;

b) prepare the intercommunal territorial planning plan;

c) provide assistance for the development of integrated development strategies for different territorial levels, namely regional, county and local, or for different sectoral domains;

d) provide specialized assistance at the request of county or local public authorities for the management and updating of GIS format documentation and for technical monitoring of indicators;

e) provide technical support at the request of county or local public authorities for the preparation of specifications, substantiation studies, concept notes, design briefs and project implementation;

f) conduct research activities in the field of territorial planning and urban development and prepare substantiation and specialized studies related to territorial planning documentation and urban planning documentation and other strategic documents, at the request of competent public administration authorities;

g) conduct information and education activities for the population in the field of sustainable urbanism, resilient and energy-efficient construction and seismic risk reduction;

h) prepare territorial impact analyses of policies, permanently monitor territorial dynamics and sustainable development indicators and the implementation of national urban policy and track territorial development directions using interoperable geospatial databases;

i) manage databases on buildings classified in seismic risk classes and on the energy efficiency of buildings and support the maintenance of the national digital register of constructions;

j) provides interactive platforms for consulting legally approved territorial planning documentation and urban planning documentation;

k) prepares and presents to the ministry responsible for spatial planning, urbanism and construction an annual activity report on the state of the territory.

(4) ATU expertise centres support public administration authorities in coherent territorial planning and development and efficient implementation of investments, provide technical support to local authorities and are methodologically guided by the ministry responsible for spatial planning, urbanism and construction.

Article 135 - Organization and operation of expertise centres in spatial planning and urbanism

(1) ATU expertise centres are led by a board of directors and a general director, employed under an individual employment contract based on a competition organized by the board of directors.

(2) The general director organizes and coordinates specialized departments within the ATU expertise centre, responsible for:

a) territorial and urban planning, development of territorial and urban development strategies, preparation and updating of territorial planning and urbanism documentation;

b) monitoring, analysis and observation of territorial dynamics;

c) sustainable urban mobility, climate resilience and environmental transition.

(3) The board of directors is a deliberative body, without legal personality, which is constituted and operates at the level of each ATU expertise centre.

(4) The board of directors is composed of a representative of the county council and one representative from each category of municipal, city and commune local councils in each county and a representative of the Order of Architects of Romania served by the ATU expertise centre; for the București-Ilfov development region, the board of directors is composed of a representative of the President of Ilfov County Council, the general mayor of București municipality, one representative from each sector local council and representatives of local councils from Ilfov County, in parity with representatives of the sectors of București municipality.

(5) The ATU expertise centre collaborates permanently with chief architects of counties, municipalities, cities and communes and with specialized personnel at the level of intercommunal development associations.

(6) The planning department provided for in para. (2) lit. a) is the specialized structure through which the provision of assistance and specialized public services regarding the preparation and updating of territorial planning and urbanism plans, sustainable urban mobility plans, urban regeneration, landscape, observation and territorial development dynamics, urban and rural territorial strategies, resilience and environmental transition is effectively carried out.

(7) The planning department provided for in para. (2) is composed of urban planners, architects, geographers specialized in environmental geography or territorial planning, engineers specialized in urban engineering and regional development, installation engineers, engineers specialized in electrical/energy profile, engineers specialized in transport, landscape architects, economists specialized in regional and urban economy, sociologists, as well as other specialists with higher education degrees in fields relevant to spatial planning and urbanism.

(8) The monitoring, analysis and observation of territory department is the structure of the ATU expertise centre which ensures monitoring and evaluation of how projects provided for within integrated sustainable territorial development strategies are transposed and implemented at the level of the region and counties, social, economic and environmental dynamics.

(9) The personnel of ATU expertise centres is composed of contractual staff, employed under the conditions of Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, and of labour legislation, as subsequently amended and supplemented. Depending on the projects the centre carries out, it may temporarily hire specialists in various sectoral fields.

(10) The ministry responsible for spatial planning, urbanism and construction may ensure in the first two years from establishment co-financing of ATU expertise centres through the state budget or through legally constituted own revenues. This financing is carried out on the basis of a partnership contract, through which the rights and obligations of the parties and the financing period will be established. ATU expertise centres may generate own revenues from planning, design, consultancy, research, professional training activities and other legally constituted sources.

(11) ATU expertise centres established at the level of a functional urban zone, respectively at the level of a metropolitan zone are financed by the initiating local public authorities, together with other interested public authorities and institutions, regional development agencies, interested stakeholders, under the conditions of the law. The provisions of para. (10) remain applicable.

Article 136 - National Territorial Observatory

(1) The National Territorial Observatory is an interactive IT application that performs data analysis in territorial profile in the field of spatial planning, urbanism, regional and territorial development and quantifications of the territorial impact of public programmes, through a geographic information system and a database comprising information and statistical data necessary for the characterization of a territory.

(2) The National Territorial Observatory is managed by the ministry responsible for spatial planning, urbanism and construction and integrates the information contained in territorial planning documentation and urbanism documentation, making available to public administration authorities and public institutions data sets and information for the preparation of substantiation studies for the purpose of carrying out territorial planning activity and regional and local development.

(3) The National Territorial Observatory is structured in two components:

a) System for observation and analysis of territorial dynamics;

b) National platform for urban and territorial planning and building authorization.

(4) The system for observation and analysis of territorial dynamics is a geoportal with permanently updated information, a database comprising statistical indicators at national, regional, county and local level, tools for analysis of territorial data and monitoring of the implementation of Romania's Territorial Development Strategy.

(5) The National Territorial Observatory must comply with the cloud-first principle and the cloud-native principle, regulated by Government Emergency Ordinance no. 89/2022 on the establishment, administration and development of cloud-type IT infrastructures and services used by public authorities and institutions, as subsequently amended and supplemented, and must be capable of migrating to the Government Cloud Platform.

(6) The National Territorial Observatory must comply with the interoperability principle regulated by Law no. 242/2022 on data exchange between IT systems and the creation of the National Interoperability Platform and must be capable of interconnecting with the National Interoperability Platform and the National Register of Registers.

Article 137 - National Platform for Urban and Territorial Planning and Building Authorization

(1) The National Platform for Urban and Territorial Planning and Building Authorization is a digital platform established and organized at national level by the ministry responsible for territorial planning, urbanism and construction, which ensures the integration of territorial planning documentation and urbanism documentation approved at the level of local public administration authorities, being part of the National Territorial Observatory.

(2) The digitalization of territorial planning activities and operational activities for building authorization of local public administration authorities is ensured through IT systems, namely digital platforms organized at national level. Local public administration authorities may have their own digital platforms, which are correlated and coordinated with the national platform.

(3) The National Platform for Urban and Territorial Planning and Building Authorization consists of:

a) The National Urban Geoportal;

b) The National Single Window for Building Authorization.

(4) The updating of information and operation of the National Platform for Urban and Territorial Planning and Building Authorization is ensured by local public administration authorities in collaboration with the ministry responsible for territorial planning, urbanism and construction.

(5) The National Platform for Urban and Territorial Planning and Building Authorization ensures interoperability through data services with the National Infrastructure for Geospatial Information, the National Register of Buildings and any other IT systems developed by public authorities and institutions with competencies in fields relevant to territorial planning and urbanism.

(6) The National Platform for Urban, Territorial Planning and Building Authorization complies with the provisions of Regulation (EU) no. 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and Law no. 190/2018 on measures to implement Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

Article 138 - National Urban Geoportal

(1) The National Urban Geoportal is an online platform comprising all territorial planning maps and urbanism documentation, legally approved, at the level of public administration authorities, necessary in the process of territorial planning, urban regulation and authorization of construction works.

(2) The National Urban Geoportal allows each citizen the following:

a) searching for and locating spatial objects and querying the database regarding the classification of land into certain functional zoning and urban regulations applicable to them;

b) direct online consultation, on different thematic layers of spatial data, of territorial planning maps and those of urbanism in force;

c) conducting analyses and downloading reports and statistics on directions of spatial development of the territory;

d) viewing, printing and downloading spatial data on public utility easements, functional zoning and urban regulations;

e) simultaneous visualization of the content of multiple overlapping thematic layers of spatial data.

(3) Persons with the right to edit thematic layers who can introduce and publish territorial planning maps and urbanism documentation from the urbanism geoportal are:

a) persons designated from central public administration authorities, national agencies and other entities that have responsibilities in establishing safety and protection zones and restriction zones;

b) local public authorities, through persons designated from the chief architect institution or, in case they do not have specialized personnel, from personnel at the level of agencies;

c) specialists with signature rights for the preparation of territorial planning maps and urbanism documentation;

d) personnel designated from the ATU expertise centres provided for in this code;

e) holders/administrators of above and/or underground technical-utility networks.

(4) Access to the geoportal provided for in paragraph (1) is achieved through authentication based on username and password or based on a code generated by the application, on differentiated access levels.

(5) All territorial planning documentation and urbanism documentation shall be prepared in GIS format, in accordance with the standardized structure developed by the central public authority responsible for territorial planning, urbanism and construction to be published in the national urban geoportal. Based on the GIS content, analogue sheets can be generated which are signed by the documentation coordinator, which are handed over by the developer to the beneficiary to be received by the specialized structure in the field of urbanism and to constitute an annex to the decision approving the local or county council, as the case may be.

(6) The central public administration authorities, national agencies and other entities with responsibilities in establishing safety and protection zones, such as sanitary protection zones, road protection zones, airport protection zones, railway and metro infrastructure safety and protection zones, maritime safety zones and inland waterway safety and protection zones and similar ones, which establish public utility easements, are obliged to develop in GIS format the plans with the limits of those zones, in accordance with the standards provided in para. (5) to be published in the national urban planning geoportal;

(7) The introduction and publication of protection and safety zones and routes of technical-utility networks, as well as protection and safety zones of special telecommunications networks in the national urban planning geoportal shall be carried out without prejudice to public security and national defence. In cases where this type of information falls under the regime of classified information, the limits thereof shall be known only under the regime and with compliance with the legal norms on the protection of classified information by authorized persons within the central and local public authorities and at the level of agencies and, implicitly, shall not be entered in the national urban planning geoportal.

(8) Holders/Administrators of technical-utility networks, above and/or underground, are obliged to publish and update in the national urban planning geoportal the routes and their location in accordance with the standardized structure provided in para. (5);

(9) For the constitution of the database related to the national geoportal, the public administration authorities, public institutions and persons of public or private law who own real estate, installations and/or equipment of public interest or who provide a public service, including public service operators, who hold or administer under the conditions of the law data and information relating to the activity of territorial planning and urban planning, including relating to technical-utility networks, above and/or underground, are obliged to transmit to the ministry responsible in the field of territorial planning, urban planning and construction the documentation they hold, in GIS format, within 90 days from the date of entry into force of this code, with the exception of public institutions within SNAOPSN, in cases where the documents contain classified information.

(10) The collection of information provided in para. (8) existing at the level of an administrative-territorial unit or concerning the territorial and urban planning of an administrative-territorial unit is ensured by the local public administration authorities through the specialized structure responsible in the field of territorial planning and urban planning in order to transmit them to the ministry responsible in the field of territorial planning, urban planning and construction.

(11) The national urban planning geoportal must comply with the cloud first principle and the cloud native principle, regulated by Government Emergency Ordinance no. 89/2022 on the establishment, administration and development of cloud-type IT infrastructures and services used by public authorities and institutions and must be capable of migrating to the Government Cloud Platform.

(12) The national urban planning geoportal must comply with the interoperability principle regulated by Law no. 242/2022 on data exchange between IT systems and the creation of the National Interoperability Platform and must be capable of interconnecting with the National Interoperability Platform and with the National Register of Registers.

(13) In order to accelerate the process of designing, approving and authorizing special telecommunications networks, the National Urban Planning Geoportal will allow institutions within SNAOPSN to view, consult and download plans with technical-utility networks, in digital and geo-referenced format.

Article 139 - National Single Window within the national platform for urban and territorial planning and construction authorization

(1) The national single window is the digital platform of national public interest for intermediating the relationship between applicants and the competent public administration authorities, for administrative processing of requests regarding the issuance of acts having as object the provision of information on territorial planning and urban planning documentation and requests related to the authorization of construction works.

(2) The section dedicated to an administrative-territorial unit within the national single window is managed by each local public administration authority within that administrative-territorial unit.

(3) The national single window allows applicants and competent public administration authorities the following:

a) transmission and receipt of documentation necessary for the issuance of acts having as object the provision of information on territorial planning and urban planning documentation;

b) transmission and receipt of documentation necessary for the issuance of acts having as object the authorization of construction works;

c) direct communication regarding clarifications and/or modifications necessary to the transmitted documentation;

d) establishment of consultations regarding the documents, information and completions necessary for the issuance of the building authorization;

e) issuance and receipt of building or demolition authorization.

(4) Access to the digital platform is carried out through authentication based on username and password or based on an access code generated by the application, on levels of access secured with differentiated degrees for:

a) central public administration authorities and institutions;

b) local public administration authorities and institutions;

c) institutions and entities managing databases of public interest, such as technical-utility network operators;

d) professionals - developers of territorial planning and urban planning strategies and plans, developers of public and private investment projects, certified or registered in national professional registers, as well as lawyers, notaries, judicial executors and insolvency practitioners;

e) citizens.

(5) The national single window must comply with the cloud-first principle and the cloud-native principle, regulated by Government Emergency Ordinance no. 89/2022 on the establishment, administration and development of cloud-type IT infrastructures and services used by public authorities and institutions and must be capable of migrating to the Government Cloud Platform.

(6) The national single window must comply with the interoperability principle regulated by Law no. 242/2022 on data exchange between IT systems and the creation of the National Interoperability Platform and must be capable of interconnecting with the National Interoperability Platform and with the National Register of Registers.

(7) The national single window must comply with the provisions of Regulation (EU) 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and Law no. 190 of 18 July 2018 on measures to implement Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

(8) The operationalization of the national single window is carried out in stages, over a period of 5 years from the date of publication of this code, as general urban planning plans and local urban planning regulations of administrative-territorial units are integrated into the platform in GIS format.

(9) Upon expiration of the 5-year period provided for in para. (8), the use of the national single window becomes mandatory for all public administration authorities and entities issuing permits and approvals, including in the situation where the integration of urban planning documentation in GIS format is not finalized, with unavailable information in the platform to be completed as such documentation is digitalized.

(10) Until the date on which the obligation provided for in para. (3), respectively para. (4) becomes applicable, administrative procedures may be conducted in accordance with the methods provided by current legislation.

Article 140 - Right of signature in the field of territorial planning and urbanism

(1) Territorial planning documentation and urban planning documentation shall be prepared by interdisciplinary teams composed of specialists with the right of signature, granted by the Register of Urban Planners of Romania.

(2) Specialists with the right of signature are registered in the National Table of Urban Planners, a record managed physically and digitally by the Register of Urban Planners of Romania.

Article 141 - Register of Urban Planners of Romania

(1) The Register of Urban Planners of Romania is an autonomous public institution with legal personality, with responsibilities in the field of territorial planning and urbanism, financed entirely from own revenues, consisting of fees for certification or examination for obtaining the right of signature, for registration in the Register of Urban Planners of Romania and for exercising the right of signature, fees related to other activities carried out in the exercise of legal competencies, as well as from other legally constituted sources.

(2) The Register of Urban Planners of Romania manages, as a professional authority, the right of signature in the field of territorial planning and urbanism and recognizes professional qualifications in the field of territorial planning and urbanism, in accordance with Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania, as subsequently amended and supplemented.

Article 142 - Responsibilities of the Register of Urban Planners of Romania

The Register of Urban Planners of Romania fulfills the following responsibilities:

a) develops and adopts the regulation on obtaining the right of signature for territorial planning documentation and urban planning documentation and the regulation regarding the organization and functioning of the Register of Urban Planners of Romania, with the approval of the ministry responsible for territorial planning, urbanism and construction;

b) organizes continuous professional training courses in the field of territorial planning and urbanism;

c) develops studies, research, analyses for the purpose of substantiating draft normative acts, standards, procedures, codes, other regulations in the field of territorial planning and urbanism, including in cooperation with central and/or local public administration bodies, their specialized structures in the field, as well as their associative structures;

d) develops the indicative regulation for the organization and conduct of solution competitions in the field of territorial planning, urbanism and landscape design;

e) develops the professional statute of urban planner, cooperating for this purpose with associative structures of the profession;

f) organizes the examination for obtaining the status of technical expert extrajudicial in the field of territorial planning and urbanism;

g) designates specialists with the right of signature to be part of the examination/testing/interview commission for candidates seeking to obtain the status of judicial technical expert in the urbanism and territorial planning specialization;

h) designates, at the request of competition organizers, specialists in the award commissions of public procurement tenders for competitions, studies and urban planning and territorial planning documentation;

i) supports the activity of ATU agencies and local public authorities with responsibilities in the field of territorial planning and urbanism.

Article 143 - State control in the field of territorial planning and urbanism

(1) State control regarding the preparation, approval and authorization of territorial planning documentation and urban planning documentation is carried out by:

a) the ministry responsible for territorial planning, urbanism and construction, through I.S.C.;

b) The General Inspectorate for Emergency Situations, through county emergency situations inspectorates, regarding the establishment of territorial compatibility around Seveso-type sites, in accordance with the provisions of the Methodology for establishing adequate distances from potential sources of risk within sites falling under the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, as subsequently amended, in territorial planning and urban development activities;

c) local public administration authorities at county level regarding the monitoring of compliance with territorial planning documentation at county/national/intercommunal level in the process of drafting and approving territorial planning and urban development documentation at the level of basic administrative-territorial units.

(2) Monitoring the application of approved territorial planning documentation and urban development documentation is carried out through the specialized structure responsible for territorial planning and urban development within the own apparatus of county councils or local authorities, as well as by I.S.C.

(3) In order to implement the provisions of paragraphs (1) and (2), specialized departments within the ministry responsible for territorial planning, urban development and construction, I.S.C., associative structures of administrative-territorial units with activity domains covered by this law and presidents of county councils, mayors and chief architects collaborate permanently.

(4) Expenses for state control in territorial planning, urban development and authorization of construction works and regulation in the field of urbanism are borne by investors, in an amount equivalent to a quota of 0.1% of the value of authorized works, with the exception of works executed at historical monuments, places of worship and emergency intervention works for securing existing constructions, including related installations, which present public danger, regardless of destination, as well as in other cases expressly provided by law.

(5) For works subject to the simplified notification procedure, the amount owed by investors is half of the value established in paragraph (4).

(6) The transfer of sums established according to the provisions of paragraph (4) is made to the account of county construction inspectorates, respectively of Bucharest municipality, as the case may be, together with the transmission of the notification regarding the date of commencement of works, according to art. 288. Delay in payment of the quota provided in paragraph (4) is penalized with 0.15% per day of delay, without exceeding the amount owed. Available funds at the end of the year are carried forward to the next year and have the same purpose.

(7) The quota established in paragraph (4) also applies to differences resulting from the adjustment of the value of authorized works, which is done by the date of convening the reception at the completion of works.

(8) I.S.C. uses 70% of the fund thus constituted for the fulfillment of its duties, including personnel expenses, in accordance with legal provisions, and transfers monthly 30% of this fund to the account of the central public administration authority with responsibilities in the fields of territorial planning, urban development and authorization of construction/demolition works to ensure the necessary fund for updating/drafting technical regulations and the fund of territorial planning and urban development documentation of national interest and for personnel expenses.

(9) Personnel expenses include expenses for own staff and payment of participation allowance for specialists as members in committees/commissions/councils for technical approvals. Personnel with regulatory duties in the field of territorial planning, urban development and construction from the responsible ministry benefit from an increase of the basic salary by 35%.

(10) Available funds at the end of the year from own revenues are carried forward to the next year and have the same purpose.

Article 144 - Contraventions

(1) The following acts constitute contraventions, if they were not committed under such conditions that, according to criminal law, they would be considered offences:

a) the approval or submission for approval of territorial planning or urban development documentation, by the president of the county council/mayor/general mayor/chief architect/persons provided for in art. 126 paragraphs (2) and (7), without complying with the legal provisions regarding public information and consultation, according to chapter III of title II, book I of this code;

b) the refusal of public administration authorities, public institutions and persons of public or private law who own buildings, installations and/or equipment of public interest or who provide a public service, including public service operators, who hold or manage under legal conditions data and information relating to territorial planning and urban development activities, including those relating to technical-utility networks, above and/or underground to provide or make available cadastral or technical documentation relating to territorial and urban planning, including those relating to technical-utility networks to central and local public administration authorities;

c) the explicit or tacit refusal of institutions or community public utility service operators who own buildings, installations and/or equipment of public interest or who provide a public service to provide within 30 days from the date of request information which, by their nature, are public, as well as the refusal of community public utility service operators to make available free of charge to public authorities cartographic documents, including in GIS format, regarding the routes of public utility networks, for the proper conduct of territorial planning and urban development activities, according to art. 138, and carried out in compliance with the application standards of the INSPIRE Directive developed by the European Commission;

d) the failure by the mayor/general mayor to establish the Technical Commission for Territorial Planning and Urban Development, as a consultative entity with duties of analysis, technical expertise and consultancy, according to the applicable legal provisions;

e) failure by the mayor/general mayor to establish the commission for determining territorial compatibility around Seveso-type sites, in accordance with the provisions of the Methodology for establishing adequate distances from potential sources of risk within sites falling under the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, as subsequently amended, in territorial planning and urban planning activities;

f) failure by the mayor/general mayor or by the president of the county council to establish the Local Integrated Review Commission for territorial planning and urban planning documentation, in accordance with applicable legal provisions;

g) failure to convene the Technical Commission for Territorial Planning and Urban Planning by the persons provided for in art. 129 para. (3);

h) failure to convene, by the chief architect or by the persons provided for in art. 126 para. (2) and (7), the meetings of the commission for determining territorial compatibility around Seveso-type sites;

i) review or submission for approval by the president of the county council/mayor/general mayor/chief architect/persons provided for in art. 126 para. (2) and (7) of incomplete urban planning documentation or containing erroneous data or not complying with the provisions of the opinions of the commissions at central and local level and the opinions of institutions within SNAOPSN;

j) review and approval of territorial planning and urban planning documentation signed by persons other than those with signing rights granted by the Register of Urban Planners of Romania;

k) signing by specialists with signing rights granted by the Register of Urban Planners of Romania of territorial planning and urban planning documentation containing erroneous data that may affect the legal security of investments;

l) submission for approval of amendments to territorial planning and urban planning documentation in force by the chief architect, by the persons provided for in art. 126 para. (2) and (7), by the mayor/general mayor or by the president of the county council or by personnel from the specialized apparatus of the local/county council without repeating the procedure regarding their review, except in the situation provided for in art. 361 para. (6);

m) failure by the chief architect, by the persons provided for in art. 126 para. (2) and (7), by the mayor/general mayor, by the president of the county council or by personnel from the specialized apparatus of the mayor to fulfill the duties regarding the transmission of the "Plan with Territorial Compatibility Zones" to all institutions that have representatives in the commission for determining territorial compatibility;

n) failure by executing civil servants, the chief architect, the general secretary, by the mayor/general mayor or president of the county council, as applicable, or by personnel from the specialized apparatus of the mayor/general mayor, as applicable, to comply with the deadlines for promoting territorial planning and urban planning documentation for approval, respectively: (i) failure to issue within a maximum of 30 calendar days from the date of submission of complete and correct documentation the initiation opinion;

(ii) failure to issue within a maximum of 15 working days from submission of complete documentation the opinion of the chief architect or unjustified return of urban planning documentation as non-compliant;

(iii) failure by the mayor/general mayor to promote complete urban planning documentation for approval by the Local Council/General Council of Bucharest Municipality - within 15 days of issuance of the technical opinion of the chief architect;

(iv) failure to include on the agenda of local council/General Council of Bucharest Municipality meetings draft decisions aimed at approving urban planning documentation that meet the conditions provided for in art. 136 para. (8) of Government Emergency Ordinance no. 57/2019 on the Administrative Code, as subsequently amended, within a maximum of 45 calendar days from obtaining the technical opinion of the chief architect;

(v) failure to issue the approval order for the detailed urban project within a maximum of 15 calendar days from obtaining the technical opinion of the chief architect;

o) failure by those responsible within public administration authorities with competence regarding the initiation, elaboration/amendment/updating and approval of territorial planning and urban planning documentation to comply with the provisions of art. 96 para. (1) and (2) regarding public information and consultation;

p) submission for review or review of urban planning documentation by the president of the county council/mayor/general mayor/chief architect/persons provided for in art. 126 para. (2) and (7), without complying with the provisions of this code and applicable urban planning regulations, regarding urban indicators;

q) submission for review or review of the detailed urban project without complying with the provisions of urban planning documentation in force and section 8 - Detailed Urban Project of this code;

r) failure by the president of the county council or by the mayor/general mayor to fulfill the obligations provided for in art. 118 para. (2) lit. e), art. 120 para. (1) lit. d) and art. 130 lit. f) regarding submission for approval;

s) failure to take the measures provided by law in case of non-compliance with the provisions of territorial planning and urban planning documentation in force, by the chief architect, by the persons provided for in art. 126 para. (2) and (7), by the mayor/general mayor or by the president of the county council or by personnel from the specialized apparatus of the local/county council;

t) failure to carry out within the legal deadline by the chief architect, by the persons provided for in art. 126 para. (2) and (7), by the mayor/general mayor or by the president of the county council the steps for elaborating, amending or updating territorial planning or urban planning documentation of mandatory nature;

u) failure by local public administration authorities to comply with the deadline provided for in art. 69 para. (10) regarding the inclusion on the agenda of the Technical Commission for Territorial Planning and Urban Planning;

v) failure to issue a request for completion, amendment or clarification regarding the submitted documentation, if applicable, within the deadline provided for in art. 69 para. (10) second sentence;

w) failure to issue a notice of initiation or a communication address for justified rejection of a request to initiate a zoning urban plan within the term provided in art. 69 para. (11).

(2) The contraventions provided in para. (1) shall be sanctioned with a warning at the first offense or with a fine, as follows:

a) from 20,000 lei to 50,000 lei, for non-compliance with the provisions of lit. a), i), l), m), o), q), r), s); and lit. n);

b) from 10,000 lei to 25,000 lei, for non-compliance with the provisions of lit. b), c), j), k) and lit. t);

c) from 10,000 lei to 15,000 lei, for non-compliance with the provisions of lit. d), e), f), g), h) and lit. p);

d) from 3,000 lei to 10,000 lei, for non-compliance with the provisions of lit. u)-w).

(3) The establishment of contraventions provided in para. (1) and the application of sanctions provided in para. (2) shall be made by authorized persons within the authorities provided in art. 143 para. (1).

(4) By exception to the provisions of art. 581 regarding supplementation with common law, the contraventions provided in para. (1) shall be subject to the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002, with subsequent amendments and additions, the contravener having the possibility to pay, within 15 days from the date of service or communication of the report, half of the minimum fine provided in the report.

Article 145 - Offences

The following acts constitute offences and shall be punished with imprisonment from 3 months to one year or with a fine:

a) the preparation and signing of territorial planning and urban documentation by persons other than those with signing rights granted by the Register of Urban Planners of Romania;

b) the initiation by natural or legal persons, by the chief architect, by the persons provided in art. 126 para. (2) and (7), by the mayor, by the president of the county council or by personnel from the specialized apparatus of the mayor/county council and the approval, by local/county councillors, with intent, of urban documentation aimed at legalizing constructions that do not have a building permit or do not comply with the provisions of the building permit, except for the situation provided in art. 150 para. (14).

Article 146 - Nullity of territorial planning and urban documentation

(1) Breach of the provisions of this law regarding the procedure for elaboration, modification/updating and approval of territorial planning documentation and urban documentation, including the absence of opinions and approvals imposed by law or non-compliance with their provisions shall be sanctioned with the nullity of the territorial planning documentation and urban documentation. In case the illegality defect affects only part of the urban documentation regulations, nullity shall be partial.

(2) Urban documentation aimed at legalizing constructions erected without a building permit or that do not comply with the provisions of the building permit cannot be initiated and approved, except for the situation provided in art. 150 para. (14).

(3) Urban documentation initiated and approved under the conditions of para. (2) are null and void.

(4) Nullity shall be established by administrative litigation courts, under the conditions of Law no. 554/2004 on administrative litigation, with subsequent amendments and additions.

(5) Specialists with signing rights are jointly responsible with the beneficiary of the documentation for the accuracy of data and the truthfulness of documents and for full compliance with applicable legislation in coordinating documentation or elaborating parts of documentation, according to the signing rights granted by the Register of Urban Planners of Romania.

Article 147 - Responsibility of persons with duties in the field of territorial planning, urbanism and construction

(1) The issuance of incomplete urban certificates or building permits, with erroneous data or with non-compliance with the provisions contained in approved urban documentation, as well as the submission for approval of incomplete urban documentation, with erroneous data or with non-compliance with legal provisions, shall entail disciplinary, administrative, contravention, civil or criminal liability, as the case may be, according to law.

(2) The issuance of urban certificates without requesting the opinion of institutions from SNAOPSN for those situations when approved urban documentation does not provide for this obligation, but this has been officially communicated to the competent public authorities, shall entail disciplinary, administrative, contravention, civil or criminal liability, as the case may be, according to law.

(3) Persons with duties in verifying documentation and elaborating/issuing urban certificates and building/demolition permits, as well as persons with duties in the processes of issuing the initiation notice and the chief architect's opinion may be held disciplinarily or contravention liable for non-compliance with the terms provided by law in verifying documentation and issuing building/demolition permits or urban certificates, in case and to the extent that the employer considers, following internal investigation, that the facts are imputable to them.

(4) A public legal person sanctioned contravention under the provisions of art. 144 para. (1) or art. 357 para. (1) or obliged to pay damages by a final court judgment has the obligation to conduct disciplinary investigation in order to identify the person who, by breaching legal duties, caused damage to the local budget and to take action against them, for bearing, under the conditions of law, such damage.

Article 148 - Macroterritorial zoning

(1) Macroterritorial zoning represents the division of the territory subject to territorial planning documentation into distinct zones, in order to establish specific measures, policies and programs.

(2) At national level, the sections of the National Territorial Planning Plan may establish the following types of macrozones:

a) zones with water resources in deficit;

b) zones with deficit of forested area;

c) zones of concentration of energy resources;

d) zones of concentration of natural or cultural heritage values;

e) zones with landscapes protected of national interest;

f) zones of natural risk;

g) deep rural areas, not served by transport infrastructure and outside the service radius of cities;

h) other categories of areas, depending on the specific nature of the National Territory Planning Plan sections.

(3) At county and intercommunal level, through the county or intercommunal territory planning plan, as appropriate, zones with prohibition on introduction into building plots may be included, taking into account proposals from higher-level territory planning documentation and based on conclusions from supporting studies.

Article 149 - Specific Territorial Units

(1) At county and intercommunal level, through the National Territory Planning Plan, the county, zonal or intercommunal territory planning plan, as appropriate, zones with strategic character are provided for, called specific territorial units, intended to ensure the implementation of measures, policies and intervention programmes necessary and specific to those territories.

(2) Specific territorial units include territories of basic administrative-territorial units in their entirety, continuous and defined on the basis of the areas of influence of urban localities in the county, metropolitan areas, as well as the economic specialization identified at the level of those territories.

(3) Specific territorial units constitute territorial delimitations used exclusively for the purpose of planning, coordinating and implementing territorial development policies and do not represent administrative-territorial units within the meaning of art. 3 of the Constitution of Romania, republished, and of applicable legislation.

Article 150 - Informal Settlements

(1) On the territory of administrative-territorial units, informal settlements must be identified on the basis of simultaneous fulfilment of the following criteria:

a) groups a minimum of 3 units intended for housing developed spontaneously, built without compliance with construction, hygiene and public health and environmental protection standards;

b) the population living in these units has no rights over the properties they occupy;

c) the population is in a situation of exclusion, segregation and social marginalization, namely persons living in those settlements are persons or families who are at risk of losing their capacity to meet daily living needs due to situations of illness, disability, poverty, drug or alcohol dependence or other situations leading to economic and social vulnerability.

(2) Informal settlements are usually located on the periphery of urban or rural localities, typically comprise improvised dwellings built from recovered materials, and/or dwellings built from conventional construction materials, and through their location and socio-demographic characteristics generate exclusion, segregation and social marginalization. By being situated in areas of natural risk of landslides, floods, biological waste deposits, contaminated sites and similar, or of anthropogenic risk, such as safety zones or protection zones of Seveso-type facilities, of technical-utility infrastructures and similar, some informal settlements endanger the safety and health of their inhabitants.

(3) The authorities of central and local public administration, as well as other bodies of public administration cooperate with the ministry responsible for territory planning, urbanism and construction, providing the necessary information and implementing measures within their field of competence, so that identified informal settlements are prioritized within public actions and policies concerning housing, access to infrastructure, public health and personal safety.

(4) The County Council, respectively the General Council of Bucharest Municipality, through the chief architect institution, ensures the organization and functioning of a commission for coordination at county level of the implementation of measures necessary for the identification and urban regulation of informal settlements and the establishment of measures necessary to improve living conditions of inhabitants in informal settlements, methodological and operational support for local public administration authorities, as well as monitoring the fulfilment of responsibilities and implementation of actions established at local level, hereinafter called the county commission.

(5) The county commission carries out the following activities:

a) coordinates the implementation of measures approved at local level and monitors their impact on the situation of informal settlements, through annual monitoring of information from the data sheet approved by order of the minister responsible for territory planning, urbanism and construction;

b) centralizes the data sheets, completed by local public administration authorities for each identified informal settlement;

c) collaborates with the county land fund commission, local land fund commissions and the cadastre and real estate publicity office for identifying situations in which a real right over properties within informal settlements may be granted;

d) supports local authorities with specialized expertise in identifying informal settlements and establishing measures necessary to improve living conditions of inhabitants in informal settlements.

(6) The County Council, respectively the General Council of Bucharest Municipality ensures the participation of representatives of communities from informal settlements within the county commission provided for in para. (4). Priority measures aim at: informing and involving inhabitants of affected communities in the planning and regulation process, identifying the legal and economic regime of lands and conducting the cadastre of informal settlements, registering properties from informal settlements in the integrated cadastre and land register system under the conditions of special law.

(7) In order to identify informal settlements, assess their situation and establish necessary measures, under the coordination of the mayor/general mayor of Bucharest municipality, local public administration authorities shall organize their own working groups, approved by decision of the local council/General Council of Bucharest Municipality, composed of persons from the specialized departments of the mayor responsible for: urban planning and building authorization, construction control and discipline, agricultural register, social assistance, public health, investments, legal assistance and representation, local police, local taxes and fees, asset management and records, spatial data, local experts for marginalized communities. Representatives of civil society are also included in the working groups.

(8) Following the identification of informal settlements, local public administration authorities, through the constituted working groups, collect information in order to understand, quantify and monitor the situation of informal settlements and to substantiate policies, programs and projects addressing them.

(9) Based on field assessment regarding the socioeconomic situation of the target population, the legal, economic and technical regime of the properties, exposure to natural, biological and anthropogenic risks and the provisions of the urban planning documents in force, the working group constituted at local level proposes specific intervention measures, which it submits to the public consultation process. The proposed measures are adapted to the needs of the population in the informal settlement, as well as to the communities in the vicinity, in order to ensure safety and sustainable development requirements.

(10) After the process of consulting the population, the measures are incorporated into an action plan which is proposed for approval by the county commission, and then for approval by the local council/General Council of Bucharest Municipality. Within a maximum of 30 days from the date of approval, the measures are communicated to the persons concerned and their implementation is initiated.

(11) The measures may be implemented in situ, on the territory occupied by the informal settlement, or, in situations where the legal, economic and technical regime do not permit this approach, may target the relocation of the population.

(12) In situations where the informal settlement is located in areas that require relocation, local public administration authorities, together with representatives of the population affected by the measures proposed in para. (3), identify land reserves for alternative housing solutions or intended for the construction of necessity or social housing, as well as the manner of implementing the relocation measure.

(13) The measures are coordinated with community action programs concerning the fight against poverty and social exclusion provided for in art. 35 of the Social Assistance Law no. 292/2011, as subsequently amended and supplemented, and county social inclusion plans approved by county social inclusion commissions and that of Bucharest Municipality provided for in art. 117 para. (3) of Law no. 292/2011, as subsequently amended and supplemented, which contain solutions for preventing marginalization and spatial segregation.

(14) For informal settlements outside the town limits and for those located in an area not regulated as a residential zone and complementary functions zone, according to art. 161 para. (1) lit. a), but which is not incompatible with residential use, urban regulation is carried out through the elaboration and approval by the local public administration authority of a zonal urban plan.

(15) Measures concerning informal settlements are prohibited in cases where they are located on existing or proposed sites for national interest transport infrastructure projects.

Article 151 - Establishment and extension of the building plot boundary

(1) Building plot represents the totality of built and developed surfaces of the localities that make up the basic administrative-territorial unit, delimited and regulated urbanistically through the approved general urban plan or through zonal urban plans and within which the execution of construction works may be authorized.

(2) Building plot is established according to the development needs of the locality and its integrated urban development objectives in relation to available and planned resources for the provision of public services and facilities, in accordance with the technical equipment of the territory and with the preservation of areas of natural, agricultural interest and for environmental conservation.

(3) The building plot boundary is established according to natural framework elements, communication routes, hydrotechnical arrangements, as well as other categories of works of a technical nature, without it being mandatory for this to coincide with the cadastral limits of plots through the general urban plan, and is updated either through the updating of this plan or through zonal urban plans.

(4) The extension of building plot is necessarily conditioned by the technical and financial capacity of the administrative-territorial unit to provide public infrastructure and public facilities corresponding to the new functions regulated through urban planning documents, regardless of the initiator of this documentation.

(5) The provision of public infrastructure and public facilities in accordance with para. (4) may be carried out through financing from public funds or private funds, in accordance with the law.

(6) In the case of rural localities with reduced population and housing density and existing tourist complexes with large areas, the building plot boundary is established so as to ensure appropriate subdivision for the proposed functions, regardless of the cadastral/functional regime of the properties in order to ensure balanced economic development thereof.

(7) The extension of building plot area through urban planning documents is substantiated through a study which evaluates and presents the economic and social impact, the costs necessary for the development of the areas to be extended and technically substantiates the proposed functions to be developed, regardless of cadastral regime. The extension of building plot outside the urbanization or de-urbanization zones established through the general urban plan may be carried out only through urban planning documents initiated by the public authority.

(8) If private investors wish to extend the building plot territory into areas that have not yet been prepared and equipped with the necessary infrastructure to be inhabited or used, they are obliged to fully cover the costs of such extension and to demonstrate the technical solutions that allow them to operate independently and autonomously, or to negotiate with the local public authority a joint action plan for financing the equipment with the necessary infrastructure. Alternatively, the extension of the building plot territory will be concentrated in areas already equipped with the necessary infrastructure or which are to be equipped in the near future.

(9) In the situation where a zonal urban plan with limited validity period has introduced the area into the building plot territory, and the validity period of this plan has expired, at the request of the landowners, the local council may decide to maintain the land within the building plot territory.

Article 152 - Establishing the limit and regulating the land outside the town limits

(1) Land outside the town limits represents the area between the administrative-territorial boundary of the administrative-territorial unit and the boundary of the building plot territory established under the law and is updated through the general urban plan or through zonal urban plans.

(2) Land outside the town limits is regulated through the general urban plan, being divided into urbanization and/or urban restructuring macrozones, agricultural zones, forest zones, renewable energy zones, zones related to communication routes, zones for which urbanization is prohibited.

(3) In the land outside the town limits of administrative-territorial units, the placement of investment objectives provided for in art. 92 para. (2) and (3) of Law no. 18/1991 on the land fund, republished, with subsequent amendments and additions, is permitted. Constructions may be carried out either in accordance with the territorial development plan or with the general urban plan, if these include urban regulations and technical information regarding the use of land located outside the town limits, or on the basis of a detailed urban project, within the building authorization process, which must detail how the investment integrates and functions within the administrative-territorial unit.

Article 153 - Introduction of land into the building plot territory of administrative-territorial units

(1) The introduction into the building plot territory of administrative-territorial units of agricultural land located outside the town limits and of land improved with land improvements is done on the basis of the general urban plan or zonal urban plans, for which prior approval regarding the quality class was issued by the ministry responsible for agriculture.

(2) Following the approval of the general urban plan or zonal urban plan, the competent local public administration authorities under the law are obliged to transmit the approval decision accompanied by the documentation for the approval of the general urban plan or zonal urban plan to the Land Registry and Real Estate Publicity Office, in order to update the destination of properties registered in the integrated cadastre and land register system.

(3) Proposals regarding the increase of the building plot territory of localities are based on demographic density and economic dynamics, including forecasts of demographic growth and economic development, and the capacity of the local budget to maintain public investments required by the increase of the building plot territory. The general urban plan and zonal urban plan include the investment program and action plan for the areas proposed to be introduced into the building plot territory of the locality, which will detail the actions, the name of the investments, their estimated value, possible sources of financing, the phasing of authorization and implementation of investments and the parties responsible for implementation, in order to achieve roads, technical-utility networks, vertical systematization works, as well as other necessary public infrastructure and facilities for urbanization. For the implementation of investments in the above-mentioned areas, in public-private partnership, the investment program and action plan will detail the categories of costs that will be borne by the local public authority and the categories of costs that will be supported by private investors, in which case the investment program and action plan will be adopted separately by local council decision and with the notarial commitment of the private investor.

Article 154 - Establishing protected areas of national interest

(1) Protected areas of national interest are established in accordance with the regulations instituted by special laws. Protected areas of national interest are included in section III of the National Territorial Development Plan - Natural and Cultural Heritage.

(2) Within protected areas are also included areas comprising elements of cultural landscape, defined and delimited in accordance with the provisions of part III title II chapter III. Protection and valorization of cultural landscape.

(3) Through section III of the National Territorial Development Plan - Natural and Cultural Heritage, the major types of landscapes are established, including landscapes protected of national interest.

(4) Landscapes protected of national interest may comprise both protected natural areas and other territories where landscape characteristics require the establishment of a level of protection.

(5) Landscapes protected of national interest provided for in para. (4) are highlighted within the national landscape atlas.

(6) The national landscape atlas is detailed at the level of county landscape atlases which will include and delimit landscapes with cultural and/or natural values, ordinary landscapes, degraded landscapes, as well as valuable landscape elements with emblematic character, such as natural monuments, perspectives, topographic forms, waterfront fronts, green spaces.

(7) The national landscape atlas is developed by the ministry responsible for territorial development, urbanism and construction, as part of the National Territorial Observatory.

(8) The elaboration and approval of the county landscape atlas is ensured by the competent local public administration authorities at county level and are introduced into the National Landscape Atlas.

Article 155 - Establishing protected areas of county and local interest

(1) Protected areas of county or local interest are established by decision of the county council or local council, as applicable, under the conditions provided by law.

(2) The delimitation of protected areas of county or local interest is established in accordance with the regulations instituted by special laws.

(3) Protected areas of county and local interest are identified and delimited within territorial planning documentation or urban planning documentation approved at county or local level, as applicable.

(4) Natural or legal persons interested may submit proposals to the competent public authorities for the purpose of establishing protected areas of county and local interest, as applicable.

Article 156 - Territorial or local landscape plans

(1) For the substantiation of territorial planning documentation and general urban planning documents, territorial or local landscape plans are prepared.

(2) Territorial or local landscape plans are substantiation studies, whose conclusions are taken up and transposed into specific policies and programmes, within territorial planning documentation and urban planning regulations, within urban planning documentation.

(3) Territorial and local landscape plans are acquired by the beneficiary local authority and are prepared by specialists in urban planning, landscape design or geography and are carried out in accordance with the provisions of the annex to Government Decision no. 905/2016 for the approval of the preliminary theses of the Cultural Heritage Code project.

Article 157 - Natural and anthropogenic risks

(1) For the purpose of identifying and combating natural and anthropogenic hazards and threats, risk maps are prepared. Natural and anthropogenic risks analysed within territorial planning documentation and urban planning documentation are: seismic risk, floods, landslides and associated hazards, quicksands, torrent runoff, avalanches, rock falls, soil erosion, fluvial erosion, coastal erosion, extreme meteorological phenomena, forest fires, as well as dangers of major accidents involving hazardous substances.

(2) The financing of studies and research necessary for the preparation of natural risk maps, as well as works for the prevention and mitigation of natural risks is carried out from the state budget, through the budgets of the central public administration authorities responsible for territorial planning, environment, water, from local budgets, as well as from other legally constituted sources.

(3) Works for the prevention and mitigation of natural risks constitute a cause of public utility and are prioritized through the action plans of general urban planning documents.

Article 158 - Natural and anthropogenic risk zones

(1) Natural and anthropogenic risk zones are delimited territorially on the basis of specific studies and research and are materialized through natural and anthropogenic risk maps approved by the specialized bodies of the competent local and central public administration authorities, as well as through the Plan with territorial compatibility zones prepared on the basis of the Methodology for establishing adequate distances from potential sources of risk within sites that fall within the provisions of Law no. 59/2016 on the control of major accident hazards involving hazardous substances, as subsequently amended.

(2) The declaration of a geographical area as a natural or anthropogenic risk zone is carried out by decision of the county council on the basis of risk maps approved in accordance with para. (1).

(3) In natural and anthropogenic risk zones, delimited and declared as such in accordance with the law, specific measures are instituted regarding the prevention and mitigation of risks and land use, which are included within territorial planning documentation and urban planning documentation.

(4) Territorial planning documentation and urban planning documentation for natural and anthropogenic risk zones are prepared and approved in compliance with the requirements regarding the approach to natural and anthropogenic risks in accordance with applicable legal provisions.

(5) On the basis of risk analyses carried out, local authorities have the following obligations:

a) to delimit zones exposed to risks, taking into account the nature and probability of the risk;

b) to prohibit types of construction, works, development or agricultural, craft, commercial or industrial exploitation, so as not to increase the risk to human life or, in the event that construction, works, arrangements or agricultural, forestry, craft, commercial or industrial operations could be authorised, to specify the conditions under which they are to be produced, used or exploited;

c) to delimit zones that are not directly exposed to risks, but in which construction, works, arrangements or agricultural, forestry, craft, commercial or industrial operations could make vulnerable or cause additional risks and to provide for the specific measures provided for in para. (3);

d) to define, in the zones referred to in lit. a) and c), the measures to be taken by owners, operators or users, concerning the development, use or exploitation of existing buildings, works, cultivated or planted spaces as of the date of approval of the plan.

(6) In the drawn parts of territorial planning documentation or urban planning documentation, zones possibly affected by natural and anthropogenic risks that require the taking of specific measures are highlighted and prohibitions or specific measures are established regarding the carrying out of construction and installations or arrangement or exploration works.

Article 159 - Buildable and non-buildable land

(1) Buildable land is land that meets the minimum conditions for building established on the basis of approved urban planning regulations and which has the possibility of connection to utility networks, direct or indirect access through legally constituted easements to public roads, as well as access to public services and facilities.

(2) Buildable land may be occupied with buildings, engineering works and arrangements, as applicable, defined in accordance with art. 369.

(3) Public infrastructure buildings of national, county or local interest may be built on land located within the building limits, as well as outside the building limits of administrative-territorial units, based on feasibility studies, in compliance with the provisions of territorial planning and urban planning documentation, as applicable, approved according to the law.

(4) The feasibility study cannot modify existing urban planning regulations.

(5) The provisions of this article do not affect and do not prejudice the possibility of developing European and national interest transport infrastructure projects.

(6) Non-buildable land is land that does not meet the characteristics to be considered buildable land as defined in para. (1).

Article 160 - Land classification by use and utility

(1) Depending on the utility and dominant use they present, properties within an administrative-territorial unit may be delimited in urban planning documentation in the following functional zone categories:

a) residential zone and complementary functions;

b) central zone;

c) public institutions and services zone;

d) commerce and services zone;

e) green spaces and recreation zone;

f) transport zone;

g) industrial and logistics units zone;

h) agro-zootechnical activities zone;

i) municipal services and cemeteries zone;

j) technical and utility infrastructure zone;

k) special purpose zone;

l) water zone;

m) forest zone;

n) natural and anthropogenic risk zone;

o) extractive and exploitation zone;

p) protection zone;

q) land reserve zone;

r) mixed zone.

(2) The functional zones mentioned in para. (1) may be detailed in urban planning documentation in functional subzones, depending on the particularities identified at the territorial level.

(3) Functional zones are established in urban planning documentation ensuring compatibility between the proposed and existing functions.

(4) Authorization for construction execution is permitted on condition of ensuring compatibility between the building's purpose and the functional zone.

(5) Urban planning limitations and prohibitions may be imposed on land depending on the functional zone or subzone category in which the respective land is classified.

Article 161 - Residential zone and complementary functions

The residential zone represents the area within the locality whose main function established by urban planning documentation is housing and which necessarily includes public or private green spaces with unlimited access, recreation functions, public equipment and services, socio-cultural facilities, commercial and proximity services spaces, connected to and necessary for housing.

Article 162 - Central zone

The central zone represents the functional zone within a locality that includes the most valuable and representative buildings and arrangements and groups functions of general interest. Central zones may be organized in a polycentric system, consisting of several urban ensembles.

Article 163 - Public institutions and services zones

The public institutions and services zone represents the area within the locality where political-administrative, socio-cultural, education, social and health functions are grouped.

Article 164 - Green spaces and recreation zone

(1) The green spaces and recreation zone represents the area within the building limits or outside the building limits of the locality, whose main purpose is: improving the microclimate, ensuring ecological balance, combating environmental pollution factors, ensuring sanitary protection zones and creating appropriate conditions for rest, culture and education, sport and recreation.

(2) Green zones located outside the building limits of localities are not included as green spaces in the territorial balance sheet related to urban planning documentation and are not taken into account in determining the green space necessary for a locality.

(3) Through general urban plans, respectively zonal urban plans, the functional zones of green spaces and recreation shall be classified as follows:

a) green spaces established through quantitative measures, necessary for improving the microclimate, ensuring ecological balance and combating environmental pollution factors. Quantitative measures are established in correlation with the integrated air quality plan and include at minimum the following: - minimum green space necessary for each resident/user;

- minimum percentage of green space applicable to each plot;

- green spaces to mitigate identified heat islands;

- green belts, green infrastructure and blue-green infrastructure, ecological colour.

b) Recreational green spaces are established through requirements applicable to construction and development works that provide for the development of green infrastructure necessary to ensure appropriate conditions for rest, recreation, recovery, sports, culture, education. The applicable requirements shall ensure the quality and accessibility of recreational green spaces.

(4) General and zonal urban plans shall include: - provisions for ensuring and dimensioning recreational green spaces, as well as accessibility criteria in relation to residential areas;

- provisions for connecting recreational green spaces to the green space network;

- provisions for ensuring and dimensioning private, common and compact green spaces related to new residential developments;

- provisions for the quality and design of recreational green spaces;

- provisions for the biodiversity of recreational green spaces.

(5) In the case of intra-urban areas, alignment green spaces and sanitary protection green spaces are not included in the territorial balance related to urban planning documentation.

Article 165 - Transport zone and zone related to national interest transport infrastructure

(1) The transport zone represents the buildable area intended for communication routes and related infrastructure, of all categories: road, rail, water, air. Within the transport zone, functional subzones may be established, depending on the type of communication routes and related infrastructure.

(2) The zone related to national interest transport infrastructure is the zone consisting of the safety zone, protection zone/protection and functionality zone, as defined by the specific regulations in force.

Article 166 - Industrial and logistics units zone

The industrial and logistics units zone represents the buildable area within the intra-urban limits of the locality within which buildings and installations necessary for the conduct of industrial activities of extraction, production, processing and storage are grouped. The grouping of industries, warehouses and ancillary buildings has as its main purpose their cooperation within the production process, the joint use of communication routes, related administrative buildings, technical-utility infrastructure and ensuring compatibility with other functional zones.

Article 167 - Agrozootechnical activities zone

(1) The agrozootechnical activities zone represents the area within the intra-urban or extra-urban limits of the locality dominated by land with predominantly agricultural use.

(2) In urban planning documentation, zones of agrozootechnical activities may be established, in relation to the dominant agricultural use of the land, established under the conditions of the law.

(3) Authorization for the execution of constructions and developments on agricultural land in the extra-urban territory is permitted for the functions and under the conditions established by law.

(4) Authorization for the execution of constructions on land included in the agricultural circuit within the intra-urban territory is permitted for all types of constructions and developments specific to localities, in compliance with the conditions imposed through urban planning documentation, unless otherwise provided by law.

(5) Agricultural land within the intra-urban area is withdrawn from the agricultural circuit, temporarily or permanently, by building authorization, in accordance with the law.

(6) Through urban planning documentation, measures shall be established for the conservation of fertile agricultural land.

Article 168 - Municipal utilities zone and cemeteries zone

The municipal utilities zone represents the area within the locality which includes: complex sets of buildings and installations necessary for technical-utility infrastructure, locality sanitation stations, cemeteries and human crematoria.

Article 169 - Major technical-utility equipment and constructions zone

The major technical-utility equipment and constructions zone contains complex sets of buildings and installations of major importance at local, county, regional and national level.

Article 170 - Special purpose zone

(1) Special purpose zone represents the area owned/administered by institutions within SNAOPSN.

(2) Urban planning regulations applicable to special purpose zones highlighted in urban planning documentation approved in accordance with the law with the symbol DS, owned/administered by institutions within SNAOPSN, shall not include specifications regarding constructions and buildable area. These are established at internal level, depending on the activities imposed by the design brief and in agreement with the technical-economic documentation approved under the conditions of the law, as well as in correlation with the characteristics of the zone in which the military or special objective is located, included in the general urban plan.

Article 171 - Water zone

(1) The water zone represents the area covered by water surface, including minor beds, major beds and protection zone.

(2) Authorization for the execution of any kind of constructions in the minor beds of watercourses and in lake basins is prohibited, except for underpass or overpass works, public utility systems and similar, works necessary for railways and roads crossing watercourse beds, as well as water management works.

(3) Authorization for the execution of works on water or related to water is permitted under the conditions provided by Water Law no. 107/1996, as subsequently amended and supplemented, conditional on the existence or acquisition of a real right under the conditions of the law, constituted in favour of the investment holder.

(4) Authorization for the execution of any kind of constructions in the protection zone of meteorological platforms is carried out with the approval of the public authority competent for environmental protection, in compliance with the provisions of art. 37 of Water Law no. 107/1996, as subsequently amended and supplemented.

(5) Sanitary protection zones are delimited by the authorities of county public administration and Bucharest municipality, based on the approval of the specialized bodies of public administration.

(6) Sanitary protection zones for water intake works, structures and installations intended for drinking water supply shall be delimited in accordance with the provisions of Government Decision no. 930/2005 for the approval of Special Norms regarding the character and size of sanitary protection zones and hydrogeological protection zones and Order no. 1.278/2011 for the approval of instructions on the delimitation of sanitary protection zones and the hydrogeological protection perimeter.

Article 172 - Forest Zone

(1) Forest zones are zones included in the national forest fund in accordance with Law no. 331/2024 on the Forestry Code, as subsequently amended and supplemented.

(2) Authorization for the execution of construction works within forest zones is prohibited.

(3) By exception to the provisions of para. (2), authorization for the execution of construction works within forest zones is permitted under the conditions of Law no. 331/2024, as subsequently amended and supplemented, and Law no. 255/2010 on expropriation for reasons of public utility, as subsequently amended and supplemented, necessary for the implementation of objectives of national, county and local interest, as subsequently amended and supplemented.

Article 173 - Natural and Anthropogenic Risk Zone

A natural and anthropogenic risk zone is a geographically delimited area within which there is a potential for the occurrence of destructive natural or anthropogenic phenomena that may affect the population, human activities, the natural and built environment and may cause damage and human casualties.

Article 174 - Extraction and Exploitation Zone

(1) An extraction zone is the area for extraction and processing of identified subsoil resources, including protection zones and management of extracted materials or equipment and installations related to extraction activities.

(2) Authorization for the execution of construction works, other than industrial ones, necessary for the exploitation and processing of resources in extraction zones delimited in accordance with the law, is prohibited, except where the law provides otherwise.

(3) Extraction zones, delimited in accordance with the law, shall be communicated to county councils by order of the President of the National Agency for Mineral Resources, for each county, in order to ensure their delimitation through territorial planning documentation and urban planning documentation. The establishment of extraction zones must respect the protection regime for natural and built heritage.

Article 175 - Protection Zone

A protection zone is a delimited area around built or natural heritage assets, subsoil resources, around or along water bodies and in which easements of public utility and construction are established for the preservation and valorization of these resources and heritage assets and the associated natural framework. Protection zones are established by specific normative acts, as well as by territorial planning documentation or urban planning documentation, based on specialized studies.

Article 176 - Land Reserve Zone

It is an area within the locality in which, for reasons of sustainable urban development, the issuance of building permits is prohibited, either permanently or temporarily, regardless of the property regime or the proposed function. The State, through public authorities, must establish land reserves to ensure investments in public interest infrastructure.

Article 177 - Obligation to comply with urban planning regulations

(1) In order to ensure compliance with the public interest, public administration authorities establish urban planning limits and prohibitions to ensure sustainable territorial and urban development.

(2) The right of ownership and other main real rights are exercised by the holder in compliance with the urban planning regulations provided for in art. 46, art. 63 and art. 81 para. (2), established:

a) to ensure sustainable and balanced territorial and urban development;

b) for the protection of urban identity, natural and built heritage, for the protection of the environment, transport infrastructure, hydrotechnical and energy equipment and installations, buildings, networks, installations and equipment in the national security system, public institutions;

c) to contribute to architectural quality and the harmonious integration of buildings into the built and natural environment;

d) in other situations that require the protection of the public interest or a cause of public utility.

(3) Urban planning regulations are established by local public administration authorities, in accordance with the territorial development needs, and refer to the mode of land use, permitted, conditionally permitted or prohibited functions, building height, the proportion between built and unbuilt space, temporary or permanent prohibition of construction in certain zones and along certain roads, distribution of functions between various zones, permitted and prohibited materials and colors, reservation of zones for the creation or expansion of general interest equipment, such as communication routes, hospitals, schools, kindergartens, nurseries, social centers, cultural buildings, public housing, public green spaces and ecological continuities.

(4) In zones proposed for real estate development and in zones to be urbanized by extending the intra-urban territory, local regulations contain urban planning regulations regarding the planned location and general characteristics of public works for communication routes, public equipment and general interest facilities and green spaces to be created or modified, by delimiting the land necessary for them.

Article 178 - Proportionality of urban planning regulations with the purpose for which they were established

The urban planning regulations established in art. 46, art. 63 and art. 81 para. (2) are established in compliance with the proportionality of their content with the situation that determined the regulation and by reference to the purpose for which they were established.

Article 179 - Update of urban planning regulations as a result of the cessation of public interest or cause of public utility

In the event of cessation of the public interest or cause of public utility for which prohibitions were established through urban planning regulations, the competent public administration authorities are obliged to proceed with the update of the approved documentation, in order to reflect the cessation of the prohibitions.

Article 180 - Properties with special regulations

Properties with special regulations are properties that generate or for which legal restrictions on property rights, urban planning limits and prohibitions and other special regulatory conditions are established through territorial planning and urban planning documentation, as set out in Article 177, for the purpose of protecting and sustainably developing identified valuable natural and cultural elements, creating conditions for carrying out urban operations of public or private interest, ensuring public safety, quality of life and urban space, or for the purpose of meeting specific development needs of certain territories. Properties with special regulations are distinct properties in relation to properties included in areas with special designation as defined in Annex no. 1 to this code.

Article 181 - Areas with special regulations

(1) Areas with special regulations are identified and mapped through zone-specific studies that will be incorporated into territorial planning and urban planning documentation, with GIS support ensured. These are different from areas with special designation as defined in Annex no. 1 to this code.

(2) Areas comprising properties with special regulations are:

a) protected areas of international, national or local interest;

b) urban/rural action areas;

c) areas with special character;

d) territories with special regulation.

(3) The areas referred to in para. (2) are identified and delimited appropriately through territorial planning documentation and urban planning documentation.

Article 182 - Protected areas of international, community, national or local interest

(1) Protected areas of international, community, national or local interest include:

a) heritage assets of national or local interest and their protection zones;

b) protected built-up areas of national or local interest;

c) cultural landscapes of national or local interest;

d) protected natural areas.

(2) Protected areas of international, community, national or local interest are identified and delimited through territorial planning and urban planning documentation.

(3) Under the conditions of this code and of the legislation on natural, built and archaeological heritage, legal limits and urban planning limits and prohibitions are established as set out in Article 177, for the purpose of protecting and sustainably developing identified valuable natural and cultural elements.

Article 183 - Urban/rural action areas

(1) Urban/rural action areas include:

a) urban regeneration areas;

b) urban restructuring areas;

c) urbanization and de-urbanization areas;

d) public project implementation areas;

e) ecological reconstruction areas.

(2) Urban/rural action areas are identified and delimited through territorial planning and urban planning documentation.

(3) Through territorial planning and urban planning documentation, legal limits and urban planning limits and prohibitions are established as set out in Article 177, for the purpose of creating conditions for carrying out urban operations of public interest.

Article 184 - Areas with special character

(1) Areas with special character are identified on the basis of specialized studies and include:

a) areas with ecological value, such as forests, pastures, meadows, beaches, groundwater and surface water, peri-urban agricultural and natural spaces, ecological corridors, green and planted spaces;

b) areas for protection of natural resources;

c) areas for protection of properties with sensitive or special functions, such as observation and measurement stations and equipment, religious buildings, educational and health facilities, as well as seats and residences of diplomatic missions;

d) areas for protection of infrastructure;

e) safety and protection areas of transport infrastructure, including areas subject to civil aeronautical easements, as regulated in Law no. 21/2020 on the Air Code, as subsequently amended and supplemented;

f) areas for protection of public use, namely elements of public space in public or private ownership, roads or tourist and pastoral or pilgrimage routes, recreation areas, areas for manifestation of heritage elements;

g) areas with natural risks;

h) areas with anthropogenic risks;

i) areas comprising buildings, including those for supporting installations and equipment, intended for defense, public order or national security activities, as well as their protection areas;

j) flood risk zones.

(2) Special character zones and their associated restrictions are delimited in cooperation with the owner or administrator of the zone and are regulated through territorial planning documentation and urban planning documentation.

Article 185 - Territories with Special Regulation

(1) Territories with special regulation include:

a) the Black Sea coast;

b) the Danube Delta;

c) the mountain zone;

d) the border zone;

e) the Danube - Black Sea Canal;

f) the Poarta Albă - Midia - Năvodari Canal;

g) other territories with special regulation of national or local interest established through territorial planning documentation.

(2) Territories with special regulation are identified and delimited through territorial planning documentation and urban planning documentation.

(3) Under the conditions of the law, legal limits and urban planning limits and prohibitions are established to ensure the satisfaction of specific development needs of territories with special regulation.

Article 186 - Protected Zones

(1) Protected zones are zones within the administrative territory of counties, municipalities, cities and communes in which buildings, the natural environment and human activities present qualities whose protection represents a public interest. These zones are defined and delimited through historical, architectural, urban planning, landscape studies, scientific substantiation studies regarding biodiversity and urban plans of protected built zones, integrating them. They are established by decisions of local councils and are protected through their action and that of other institutions with responsibilities in the conservation and protection of heritage.

(2) Protected zones include:

a) historical monuments and their protection zones, classified according to regulations established by special laws, including historical monuments included in the World Heritage List;

b) protected built zones representing zones comprising properties, land and buildings, remarkable from an architectural, urban planning, historical, artistic, religious, social, scientific, technical or cultural landscape point of view;

c) zones with identified archaeological heritage, incidentally discovered or of priority archaeological interest, defined and delimited according to regulations established by special laws, collectively called zones with archaeological heritage;

d) built zones in urban, peri-urban or rural environments that include, in addition to buildings, remarkable elements and natural or landscape values that define the character of those zones;

e) protected natural areas designated according to the provisions of applicable laws.

Article 187 - Delimitation and Establishment of Protected Zones

(1) Protected zones of national interest are established and delimited through section III of the National Territorial Planning Plan - Natural and Cultural Heritage, with the exception of those in Annex no. 1 of Law no. 5/2000, as subsequently amended and supplemented, which are established by normative acts, in accordance with specific legislation.

(2) Protected zones of local interest are established and delimited in territorial planning documentation or urban planning documentation, with the exception of those in Annex no. 1 of Law no. 5/2000, as subsequently amended and supplemented, which are established by normative acts, in accordance with specific legislation.

(3) Protected natural areas of local interest are established by decisions of county and/or local councils, for protected natural areas of county or local interest, and are delimited in territorial planning documentation or urban planning documentation.

(4) The delimitation and establishment of protected natural areas are regulated by special law and are shown in section III - protected zones of the National Territorial Planning Plan - Natural and Cultural Heritage.

Article 188 - Territorial Planning Documentation and Urban Planning Documentation for Protected Zones

(1) For protected zones, the competent public authorities develop and approve urban plans for protected zones of national or local interest.

(2) Protected natural areas are identified by the competent authorities in national, zonal and local territorial planning and urban planning plans.

(3) The competent local public authorities have the obligation to review and update urban planning documentation whenever changes occur regarding protected zones and protected natural areas.

(4) The development, approval and updating of urban planning documentation referring to protected zones or parts of protected zones provided for in art. 186 para. (2) lit. a)-d) are carried out on the basis of and in compliance with the conditions imposed by the Ministry of Culture or the deconcentrated public services of the Ministry of Culture, within the integrated approval procedure.

(5) The development, approval and updating of urban planning documentation related to protected zones and protected natural areas are carried out on the basis of and in compliance with the administrative act issued by the competent authority for environmental protection.

(6) The updating of urban planning documentation related to protected zones is mandatory in the situation where, after their approval, significant legislative changes have occurred that render the regulations of those urban planning documents inoperative.

Article 189 - Urban Planning Limits and Prohibitions Specific to Protected Zones

(1) Within protected zones, the local public administration authorities establish regulations, limits, easements and urban planning prohibitions, established in the application of art. 177.

(2) The establishment and exercise of limits, easements and urban planning prohibitions within protected zones by the local public administration authorities are carried out without prejudicing or contravening the protection measures related to protected zones established by special laws.

(3) The establishment and exercise of obligations, limits and urban planning prohibitions do not affect the possibility of expropriation of properties on which these regulations, limits and prohibitions have been established, for reasons of public utility in accordance with special law.

(4) The regulations, limits and urban planning prohibitions established for the protection of protected zones may consist of:

a) demolition prohibitions;

b) prohibitions and restrictions on the right to build, use and modify properties;

c) establishment of obligations regarding use, maintenance and development of properties;

d) prohibition on using species that are not part of local biotopes in development projects;

e) obligations to use certain plant species in development projects;

f) obligation to use certain construction and finishing techniques and materials specific to the local area, as provided by law;

g) restrictions or obligations regarding the placement of buildings on land, modification of property topography or land shaping;

h) obligation to maintain certain built cultural landscape elements.

(5) The establishment of urban planning limits and prohibitions in protected areas shall be carried out on the basis of and in compliance with the prior opinion issued by the Ministry of Culture or the deconcentrated public services of the Ministry of Culture.

(6) Within the perimeter of protected natural areas, changes in land use are prohibited, as well as the implementation of projects and activities incompatible with their protection regime.

Article 190 - Interventions in protected areas and areas with archaeological heritage

(1) Interventions on properties included in protected areas shall be carried out only on the basis of the prior opinion/approval issued by:

a) the Ministry of Culture or the deconcentrated public services of the Ministry of Culture, issued in accordance with the law for the protection of cultural heritage;

b) the competent public authority for environmental protection, issued in accordance with specific legislation in the field of environmental protection.

(2) Authorization of construction or demolition works in areas with archaeological heritage shall be carried out only on the basis of and in accordance with the prior opinion of the Ministry of Culture or the deconcentrated public services of the Ministry of Culture.

(3) In areas with incidentally discovered archaeological heritage and areas with archaeological heritage subject to classification, authorization of construction works is suspended by law, and the mayor of the administrative-territorial unit may order the interruption of any other activity until the archaeological clearance of the land is completed.

(4) Interventions in areas with archaeological heritage included in protected natural areas shall be carried out only if they are provided for in the management plan of the protected natural area or, as appropriate, if the specific requirements for environmental impact assessment and/or appropriate assessment are met.

Article 191 - Objectives inscribed in the World Heritage List

(1) Historical monuments inscribed in the World Heritage List of Romania are classified and registered by the World Heritage Committee, in accordance with the criteria and procedures established by UNESCO.

(2) Protection measures for historical monuments inscribed in the World Heritage List are regulated by special laws.

Article 192 - Obligations regarding territorial planning and urban planning

(1) Urban planning and territorial planning regulations included in the protection and management programmes for historical monuments inscribed in the World Heritage List, developed by the Ministry of Culture, shall be included by the competent local public authorities in territorial planning documentation and urban planning documentation for areas that include historical monuments inscribed in the World Heritage List.

(2) Territorial planning plans and, as appropriate, urban planning plans for administrative-territorial units or areas that include historical monuments inscribed in the World Heritage List and their protection zones shall be approved by Government decision.

(3) Financing of the preparation or updating of territorial planning documentation and urban planning documentation for areas that include historical monuments inscribed in the World Heritage List shall be financed by the ministry responsible for territorial planning, urban planning and construction from the state budget.

(4) Interventions on historical monuments inscribed in the World Heritage List, on protection zones and properties included in the protection zone of historical monuments inscribed in the World Heritage List shall be carried out with the prior opinion of the ministry responsible for culture and, as appropriate, the ministry responsible for territorial planning, urban planning and construction.

Article 193 - Cultural landscape

(1) By cultural landscape, within the meaning of this code and the European Landscape Convention, adopted in Florence on 20 October 2000, ratified by Law no. 451/2002, is meant the territory perceived as such by the population and specialists, whose character is the result of the action and/or interaction of abiotic, biotic and anthropic factors.

(2) In accordance with the provisions of the special law on environmental protection or the protection of natural and cultural heritage, the competent public authorities have the obligation to identify and protect cultural landscape elements.

Article 194 - Protection of cultural landscape at national level

(1) At national level, through section III of the National Territorial Planning Plan - Natural and Cultural Heritage, the competent central public authorities identify and delimit the parts of the territory that represent cultural landscapes of national interest.

(2) Through special normative acts, including those provided for in para. (1), special conditions shall be established applicable to cultural landscape elements, in order to maintain and protect cultural landscape elements.

(3) For cultural landscapes of national interest within the built-up area of administrative-territorial units, urban planning plans for protected areas of national interest shall be prepared, at the initiative of the ministry responsible for territorial planning, urban planning and construction.

(4) For cultural landscapes of national interest, territorial landscape plans and local landscape plans shall be prepared, as foundational studies with a guiding character for territorial planning plans and urban planning plans.

Article 195 - Cultural landscape protected at local level

(1) At local level, through territorial planning documentation and urban planning documentation, the competent local public administration authorities identify and delimit the parts of the territory that represent cultural landscape elements of local interest.

(2) Without affecting the measures for the protection of cultural landscape established at national level, the competent local public administration authorities may establish urban planning limits and prohibitions set out in the application of art. 177 or initiate urban regeneration operations with regard to elements of national or local cultural landscape.

(3) For cultural landscapes of local interest, an urban plan for protected areas of local interest shall be drawn up.

(4) For cultural landscapes of local interest, territorial landscape plans and local landscape plans shall be drawn up.

Article 196 - Authorization of construction works in cultural landscape areas

(1) The authorization of construction works which, by location, function, volumetry and architectural aspect - design and placement of openings, void-to-solid ratio, materials used, roofing, colour palette - depreciate the value of the landscape is prohibited.

(2) The risk of landscape depreciation is determined by comparing the proposed construction works to the urban planning regulations from the urban plans applicable to the cultural landscape area, within the legal procedures for authorizing the execution of works.

Article 197 - Protected natural areas

(1) Protected natural areas are terrestrial and/or aquatic zones in which there are wild plant and animal species, biogeographic, landscape, geological, paleontological, speleological or other elements and formations, with exceptional ecological, scientific or cultural value, which have a special regime of protection and conservation.

(2) Management and interventions within protected natural areas shall be carried out in accordance with Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas, conservation of natural habitats, flora and wild fauna, as subsequently amended and supplemented, and Law no. 95/2016 on the establishment of the National Agency for Protected Natural Areas and for the amendment of Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas, conservation of natural habitats, flora and wild fauna, as subsequently amended and supplemented.

(3) The ministry responsible for territorial planning, urbanism and construction, together with the National Agency for Protected Natural Areas, shall ensure the development of framework urban planning regulations and architectural guides for the protection and enhancement of protected natural areas.

(4) Territorial planning documentation, general and zonal urban plans and detailed urban or construction projects that refer to territories or properties located in protected natural areas shall include measures to protect their surfaces and are mandatory to be approved by the administrators of the protected natural area at all stages of obtaining documents, certificates and authorizations within the regulatory procedure.

Article 198 - Danube Delta Biosphere Reserve

(1) The Danube Delta Biosphere Reserve is a protected natural area established and administered in accordance with Law no. 82/1993 on the establishment of the Biosphere Reserve "Danube Delta", as subsequently amended and supplemented.

(2) Territorial planning documentation and urban planning documentation applicable to the territory of the Danube Delta Biosphere Reserve, as well as to adjacent territories, shall be harmonized in a mandatory manner with the provisions of the management plan of the Danube Delta Biosphere Reserve.

(3) The regime for authorizing and carrying out construction works and interventions, as well as the establishment and change of the regime of lands within the territory of the Danube Delta Biosphere Reserve is governed by the regulations instituted by special law, the management plan, the reserve regulations and the existing framework urban planning regulation at the level of the reserve.

Article 199 - Framework urban planning regulation for the Danube Delta Biosphere Reserve

(1) The framework urban planning regulation for the Danube Delta Biosphere Reserve represents the unified system of technical and legal norms that forms the basis of local urban planning regulations for rural localities within the perimeter of the Danube Delta Biosphere Reserve.

(2) The regulation aims to ensure sustainable development of the territory of the Danube Delta Biosphere Reserve, with protection of the natural and cultural framework, as well as ensuring its rational use from an economic and tourism perspective, for the benefit of the inhabitants of the Danube Delta Biosphere Reserve, in accordance with the special law applicable to the fields concerned.

(3) The regulation provides for the control of land use and natural resources for strictly economic purposes, the elimination of excessive and jarring interventions from the perspective of surfaces and volumes, materials used, visual appearance of the built environment on the natural and traditional anthropic environment specific to the Danube Delta Biosphere Reserve.

(4) The provisions of the regulation are mandatory in the case of drawing up or updating the general urban plans of rural localities in the Danube Delta, with respect to local specifics.

(5) The regulation constitutes the technical basis for approving and authorizing the execution of construction works and arrangements until the revision of the general urban plans existing at the date of its entry into force.

(6) The framework urban planning regulation for the Danube Delta Biosphere Reserve is approved, amended and updated by Government decision.

(7) The regulation applies to the administrative-territorial units mentioned in the Government decision provided for in para. (6).

(8) On the basis of the substantiation studies related to the general urban plan, local urban planning regulations may introduce other specific norms that do not contradict the framework regulation.

Article 200 - Black Sea Coast

(1) The Black Sea coast is the zone consisting of all administrative-territorial units that have access to the Black Sea.

(2) In order to protect and conserve the biological, landscape and physical diversity of the Black Sea coastal zone, on Romanian territory a temporary construction prohibition zone is delimited, generated by the coastline, until the approval of general and zonal urban plans containing the specific delimitation and necessary urban planning regulations, as well as in the event of suspension of urban planning documentation, as follows:

a) in the direction of the sea, up to the 2 m isobath;

b) in the direction of the land, over a width measured horizontally of 300 m.

(3) The competent local public administration authorities are obliged to initiate the preparation or, as the case may be, update of general urban plans or zonal urban plans regarding the urban regulation of the Black Sea coast, within a maximum of one year from the entry into force of this code, and to approve them within a maximum of five years. The administrator of Black Sea beaches is obliged to make available to the local public administration authorities all data, studies and documentation necessary for their preparation, as well as to issue opinions and approvals within its competence, within the deadlines provided by law. The financing of the preparation and updating of the documentation provided in this paragraph is carried out under the conditions of art. 104 para. (4).

(4) In case of non-compliance with the obligation provided in para. (3), the sanction applicable to the competent authorities is the prohibition to request or benefit from reimbursable or non-reimbursable funds, in any form, from the date of final judgment of the State Construction Inspectorate's finding act. The sanction does not apply to local public administration authorities when the beach administrator has not fulfilled its obligations provided in para. (3) or when the financing of the documentation was not ensured under the conditions of art. 104 para. (4).

Article 201 - Protection of Forest Areas within Mountain Areas

(1) The protection zone of forest ecosystems and mountain forests is identified and delimited through territorial planning documentation and urban planning documentation prepared and approved regarding the territory that includes the protection zone.

(2) In the protection zone determined according to para. (1), the construction and placement of any building is prohibited, except for those in art. 326 para. (3) lit. c).

(3) The provisions of this article refer to the mountain area, mountain massifs and mountain localities, as defined in Chapter II art. 2 of the Mountain Law no. 197/2018, as subsequently amended.

Article 202 - Protection of Watercourses and Natural or Accumulation Lakes within Mountain Areas

(1) The protection zone of watercourses and natural or accumulation lakes is identified and delimited through urban planning documentation prepared and approved in accordance with the provisions of annex no. 1 to Law no. 107/1996, as subsequently amended and supplemented.

(2) In the protection zone determined according to para. (1) and in the zones provided in Government Decision no. 111/2020 regarding the approval of selection criteria and the list of watercourse sectors not affected by human activities in which the construction of works and activities that may affect the ecological status of waters is prohibited, the construction and placement of buildings is prohibited.

(3) Constructions carried out without affecting the environment or mountain landscape, related to public services and economic activities of public interest, which can only function in the proximity of water, are exempted from the provisions of para. (2).

Article 203 - Extension of Mountain Localities

(1) The extension of mountain localities is permitted only in continuation of existing mountain localities and cannot exceed the upper limit of forest areas.

(2) The extension of mountain localities is permitted only under the condition that the extension does not generate continuities of built fabric between localities.

(3) The provisions provided in para. (1) and (2) also apply to localities in the same metropolitan area.

(4) The development of mountain localities must protect and ensure optimal conditions for the conduct of activities specific to those areas.

(5) Any development with a tourist character in the mountain area is carried out on the basis of a landscape impact study and in compliance with the regulations in the general urban plans.

Article 204 - Waterfronts and Protection Zones

(1) The width of protection zones along watercourses, around accumulation lakes and hydrotechnical works is defined in annex no. 2 to Law no. 107/1996, as subsequently amended and supplemented, and is established for the protection of water resources.

(2) Waterfronts represent a part of a locality that is bounded by a lake, a river or the sea. In order to enhance the potential and at the same time ensure necessary protection against the increased flood risk under climate change conditions, in waterfront zones and in protection zones established according to para. (1), urban planning limits and prohibitions may be instituted and specific building measures may be proposed, in accordance with the provisions of art. 189 and water legislation.

(3) The regime of works and activities on water or related to water, in minor riverbeds, in protected areas or in protection zones related to water sources is governed by special regulations established in Law no. 107/1996, as subsequently amended and supplemented.

(4) Local public administration authorities delimit through urban planning documentation the sanitary protection zones related to water sources and protection zones along watercourses and establish necessary regulations and measures according to para. (2) and water resources legislation.

(5) Urban planning documentation for territories that include waterfronts and protection zones must ensure their enhancement, by providing pedestrian routes and bicycle paths along them, and must propose the use, when technically feasible, of nature-based solutions.

Article 205 - Change of Destination of Green Spaces

The regulation of prohibitions regarding the change of destination and functions of properties arranged or regulated as green spaces is carried out only in compliance with Government Emergency Ordinance no. 195/2005 on environmental protection, as subsequently amended and supplemented, and Law no. 24/2007 on the regulation and administration of green spaces within the built-up area of localities, republished, as subsequently amended and supplemented.

Article 206 - Urban Restructuring Areas

(1) Urban restructuring zones comprise areas within an administrative-territorial unit for which the competent local public authorities have established that the necessary conditions for initiating urban restructuring operations have been met.

(2) Urban restructuring may require modification of the boundaries of land in the zone subject to restructuring, including modification of private property rights as a result of boundary changes, under the conditions of the law.

Article 207 - Establishment of urban restructuring zones

(1) Urban restructuring zones are delimited through general urban planning documents or through an integrated sustainable local development strategy.

(2) Urban restructuring zones may be updated through the general urban plan or through a zonal urban plan. In order to carry out urban restructuring activities, local public authorities may establish urban planning limits and prohibitions set out in the application of art. 177 and may propose urban restructuring and local development operations.

Article 208 - Urbanization/de-urbanization zones

(1) Urbanization zones are areas which, according to territorial planning documents or general urban plans, are intended to be included within the built-up area of localities and which provide urban planning regulations regarding the equipping of these zones with public access infrastructure and utility networks.

(2) De-urbanization zones are areas in demographic decline which, according to territorial planning documents or general urban plans, are intended to be removed from the built-up area of localities to be transferred to the outside area.

(3) The local public administration shall establish the technical, legal and financial conditions for decommissioning existing public infrastructure in zones proposed for de-urbanization.

(4) Urban planning documents by which land is introduced into the built-up area must necessarily include regulations regarding land related to communication routes, technical-utility infrastructure, services and public facilities related to the new urbanization zone, as well as the directions and manner of development of such land.

Article 209 - Public project implementation zones

(1) Public project implementation zones are zones for which, through territorial planning documents and urban planning documents, territorial reserves have been identified and delimited for the purpose of implementing projects and investments included in the action plan and investment programmes related to territorial planning and urban planning documents.

(2) For the zones provided for in para. (1), through urban planning documents the local public administration authorities establish urban planning limits and prohibitions set out in the application of art. 177, in order to ensure the implementation of public projects that ensure the proper functioning of localities and citizens' access to services of general interest.

(3) For the implementation of public projects of local or national interest that were not provided for in territorial planning documents or urban planning documents, local or central authorities initiate the preparation of urban planning documents necessary for the implementation of these projects, which are approved in an emergency regime, by reducing the approval periods by at least 50%.

Article 210 - Ecological reconstruction zones

(1) Ecological reconstruction zones are areas affected by the presence of industrial activities, land improvement works, extractive activities or agricultural activities with harmful effects on the environment.

(2) For ecological reconstruction zones, urban planning documents provide for a temporary building prohibition until the implementation of certain elements or installations for the purpose of ecological reconstruction, such as, but not limited to, bioretention and biotreatment basins, temporary and/or permanent plantations, slope or bank consolidations, land remodelling.

(3) Ecological reconstruction may require modification of the boundaries of land in the zone subject to restructuring, including modification of private property rights as a result of boundary changes.

Article 211 - State control regarding properties and zones with special regulations

(1) State control regarding compliance with legal provisions concerning properties with special regulations is carried out by the central public administration authorities in their field of activity and by local public administration authorities through specialized structures responsible for territorial planning and urban planning, in accordance with the law.

(2) The provisions of this part are supplemented by the provisions of laws applicable to institutions within SNAOPSN, as well as those applicable to other fields. Breach of the provisions of this part entails civil, administrative, disciplinary, administrative or criminal liability, as appropriate, in accordance with the law.

Article 212 - Violations of the Danube Delta Biosphere Reserve regime

(1) The following acts constitute violations of the Danube Delta Biosphere Reserve regime, if they are not committed under such circumstances that, according to criminal law, they would be considered offences:

a) execution of development and construction works, of any nature, in breach of the provisions of the Danube Delta Biosphere Reserve Regulations and of the acts issued by the administration of the Danube Delta Biosphere Reserve;

b) change of land use in breach of the provisions of the Danube Delta Biosphere Reserve Regulations.

(2) Violations provided for in para. (1) committed by natural or legal persons shall be sanctioned with a fine of between 100,000 lei and 500,000 lei.

(3) The fine sanction may be applied to both natural and legal persons.

(4) Under the conditions of this article, the application of the warning sanction is prohibited.

(5) The establishment and sanctioning of violations provided for in para. (1) is carried out by the functional departments with control duties from the apparatus of the county council and communes, as well as by the State Construction Inspectorate - I.S.C., in accordance with the provisions of art. 211.

Article 213 - Offences against the regime of mountain zones

The following acts constitute offences against the regime of mountain zones and are punishable by imprisonment from 3 months to one year or by fine:

a) construction and placement of buildings in the protection zones of forest ecosystems and mountain forests;

b) preparation and approval of territorial planning and urban planning documentation without compliance with legal provisions regarding the expansion of mountain localities;

c) construction and placement of buildings in the protection zone of watercourses and water surfaces within mountain zones.

Article 214 - Categories of Urban Operations

(1) Urban operations are:

a) subdivision;

b) reconfiguration of the plot layout;

c) urban regeneration;

d) urban restructuring.

(2) The urban operations provided for in para. (1) lit. a) and b) may be carried out within the built-up or non-built-up areas of administrative-territorial units, while those provided for in para. (1) lit. c) and d) only for built-up territory.

Article 215 - Delimitation of Urban Operations

(1) Urban operations are carried out as a result of a prior planning process, in accordance with approved urban regulations established or detailed through urban planning documentation.

(2) For the purposes of this code, cadastral operations of consolidation and subdivision of land properties are differentiated from urban operations of subdivision and reconfiguration of the plot layout, which may be carried out only through a prior urban design or planning activity in accordance with the provisions of para. (1).

Article 216 - Subdivision

(1) Subdivision is the urban operation of dividing a plot of land consisting of one or more adjacent properties into three or more plots, for the purpose of carrying out new constructions and establishing urban conditions for building. The subdivision operation of a property is carried out by requesting and prior issuance of an urban certificate for the preparation of a zonal urban plan.

(2) Subdivision constitutes the division of a property into several adjacent properties whose purpose is the creation of one or more lots intended to be built upon. The perimeter of the subdivision includes the lot or lots intended for the placement of buildings, as well as access roads, service areas and common spaces of these lots.

(3) Subdivision is differentiated from the separation of a plot of land, which refers only to a cadastral operation of reducing the extent of a property in accordance with art. 879 of Law no. 287/2009 on the Civil Code, republished, with subsequent amendments and additions, by the purpose of building and establishing urban conditions for construction.

Article 217 - Specific Limits Applicable to the Subdivision Operation in Non-Built-Up Areas

(1) Subdivision of properties in non-built-up areas may also be carried out to facilitate the carrying out of agricultural, forestry, land improvement and other activities characteristic of non-built-up areas, in accordance with urban regulations approved by the general urban plan, as well as in other situations provided for by applicable legal provisions.

(2) Legal acts concluded for the purpose of carrying out a subdivision operation carried out in breach of the provisions of art. 216 para. (1) are affected by absolute nullity.

Article 218 - Specific Limits Applicable to the Subdivision Operation in Built-Up Areas

(1) In order to ensure the subdivision of plots in the built-up areas of administrative-territorial units, the local public administration authority conditions the carrying out of the subdivision operation by the preparation and approval of a zonal urban plan.

(2) By way of exception to para. (1), subdivision of a plot into up to 12 lots for the construction of individual dwellings may be carried out once on the basis of a detailed urban project, if the provisions of the PUG or PUZ regarding the characteristics of the plots and building regulations exist and are complied with, with the adoption of standardized street profiles established through urban planning documentation.

Article 219 - Conditions Applicable to Subdivisions

(1) Properties resulting from the subdivision operation comply with the urban regulations approved through existing urban planning documentation for the zone subject to subdivision.

(2) Subdivision of properties may be carried out only under the conditions that each resulting plot is ensured connection to technical and utility networks, direct or indirect access to public roads, as well as access to public services and facilities, and the minimum areas provided for by urban regulations for public roads and resulting plots are ensured.

Article 220 - Reconfiguration of the Plot Layout

(1) Reconfiguration of the plot layout is the urban operation by which the boundaries of properties included in a zone within the built-up or non-built-up area of the administrative-territorial unit are modified, in accordance with urban regulations approved by the general urban plan or by a zonal urban plan.

(2) Reconfiguration of the plot layout involves a first stage of prior consolidation of properties, followed by the subdivision operation of properties resulting from consolidation, on the basis of a coherent vision for the development of the zone and an urban planning and design approach for the zone.

(3) The reconfiguration operation of the plot layout may be carried out both for properties free of constructions and for properties occupied with constructions.

(4) Within the zone targeted by the reconfiguration operation of the plot layout, both properties from built-up areas and properties from non-built-up areas may be included.

Article 221 - Initiative for Reconfiguration of the Plot Layout

(1) The initiative for carrying out the reconfiguration operation of the plot layout belongs to the local public administration authorities or to landowners.

(2) The initiator organizes the carrying out of the operation from a legal, economic, technical and logistical point of view and the involvement of all participants in the plot layout reconfiguration process.

Article 222 - Specific Limits Applicable to the Reconfiguration Operation of the Plot Layout

(1) The local public administration authority conditions the carrying out of the reconfiguration operation of the plot layout by the prior preparation and approval of a zonal urban plan.

(2) By way of exception to para. (1), the reconfiguration of a plot that results in a subdivision into up to 12 lots may be carried out only once based on a detailed urban project, in the situation where the applicable urban regulations establish the function, minimum conditions regarding lot characteristics, namely street frontage and area, and urban indicators for construction purposes.

Article 223 - Conditions applicable to plot reconfiguration

The conditions applicable to properties resulting from the plot reconfiguration operation are the same as the conditions established for properties resulting from the subdivision operation pursuant to art. 219.

Article 224 - Urban regeneration operation

(1) Urban regeneration is the urban operation of transformation, renovation and rehabilitation of areas within the locality, delimited in accordance with the law through the general urban plan or through the zonal urban plan for urban regeneration, with the aim of improving the quality of the built and non-built environment within the areas subject to the operation, through integrated and coordinated actions aimed at improving economic, social, cultural, ecological and environmental conditions, as well as the development of public facilities and services of general interest.

(2) Urban regeneration areas are delimited and declared as such by the competent local public administration authorities, which include areas within an administrative-territorial unit or adjacent areas located in different administrative-territorial units, for which the need to initiate the urban regeneration process has been established.

(3) Urban regeneration may be carried out through the following types of interventions:

a) construction and rehabilitation of buildings and/or infrastructure elements;

b) creation and rehabilitation of collective/common spaces;

c) creation and arrangement of green spaces;

d) rehabilitation of cultural heritage;

e) development and modernization of transport infrastructure, technical and utility networks, improvement of energy efficiency;

f) arrangement of public space;

g) increase of the degree of safety and accessibility of public space for pedestrians and non-motorized transport means;

h) any other operations aimed at improving living conditions within the urban regeneration area.

(4) The interventions provided for in para. (3) are carried out in an integrated and coordinated manner and are provided for in the action plan related to the urban regeneration operation.

(5) The urban regeneration operation may include the plot reconfiguration operation, with the provisions of art. 220-223 being applicable in this case.

(6) Urban regeneration operations may include building rehabilitation works, consolidation of the structural system of existing buildings, rehabilitation of infrastructure elements and arrangement of related land, as well as the construction of new buildings and engineering works.

(7) Urban regeneration operations are carried out in accordance with the local urban regeneration program approved by the local public administration authority.

Article 225 - Local urban regeneration program

(1) For each urban regeneration area, the local public administration authorities shall prepare and approve a local urban regeneration program.

(2) The urban regeneration program includes the development objectives of the area subject to the urban regeneration operation in relation to the quality of life and public services indicators at the level of the administrative-territorial unit.

(3) The indicators provided for in para. (2) represent the instrument for analysis, monitoring and evaluation of urban development at the level of the administrative-territorial unit, in relation to sustainable development parameters defined through the integrated strategy for sustainable local development or through the general urban plan.

(4) The indicators provided for in para. (2) allow monitoring the impact of interventions at the level of the administrative-territorial unit, as well as the effects of approved urban regulations on public space, the manner of territory occupation, urban mobility, the capacity of technical and utility infrastructures, environmental protection.

(5) The program includes the urban regeneration area which may be defined as an intervention unit as a result of:

a) degradation of the built environment in a delimited area;

b) social and economic problems in a delimited area;

c) investment opportunities, public or private.

(6) The program includes implementation indicators and aims to increase the quality of life at urban level through rehabilitation and refunctionalization of urban space, through:

a) transformation of former industrial areas and polluted areas by carrying out remediation works in accordance with applicable legislation on potentially contaminated and contaminated sites;

b) information and consultation of the public, especially residents and users from the urban regeneration area, at all stages of the urban regeneration process;

c) reconsideration/efficiency of mobility, in relation to public transport, slow traffic, parking;

d) reorganization of public space through differentiation, specialization, arrangement thereof;

e) development of public and commercial services;

f) rehabilitation of infrastructure;

g) increase of the degree of functional diversity on the corridors of interest concentration within the ensemble through integration of new activities;

h) improvement of environmental conditions in all its components;

i) management of dysfunctional situations generated through land restitution;

j) other specific operations.

Article 226 - Development of the local urban regeneration programme

(1) The development of the local urban regeneration programme is ensured by the mayor through the specialized structure headed by the chief architect.

(2) The urban regeneration plan is coordinated with the territory planning documentation and the approved urban planning documentation.

(3) The local urban regeneration programme is approved by a decision of the local council or by a decision of the general council of Bucharest municipality.

Article 227 - The zonal urban planning for urban regeneration

(1) Urban regeneration operations are carried out exclusively on the basis of a specific zonal urban planning, at the initiative of local public authorities or interested natural or legal persons. For PUZ of regeneration initiated by interested natural or legal persons, the provisions regarding the negotiation of urbanization contracts apply.

(2) Through the zonal urban planning for urban regeneration, locations, limits and urban restrictions are established for the local interest mobility network, utility infrastructure, green spaces, children's playgrounds, small squares, public educational institutions, health institutions.

(3) Authorization for the execution of constructions in the regulation zone of the zonal urban planning for urban regeneration is permitted only after the approval of the zonal urban planning for urban regeneration.

(4) The zonal urban planning for urban regeneration cannot be modified through another zonal urban planning.

Article 228 - The action plan for urban regeneration

(1) For each urban regeneration zone, the competent public administration authorities develop the action plan for urban regeneration which shall provide concrete actions and deadlines for the implementation of the urban regeneration operation.

(2) The urban regeneration plan is developed on the basis of an integrated approach, regulating urban regeneration objectives from an economic, social, cultural, environmental, territory planning and urban planning perspective.

(3) The provisions of the urban regeneration plan are coordinated with the main development directions established through the integrated local development strategy.

(4) The urban regeneration plan is a component part of the zonal urban planning for urban regeneration.

Article 229 - The urban restructuring operation

(1) Urban restructuring is an urban planning operation of public interest through which urban planning regulations and the limits of plots included in a studied zone located outside or within the town limits of an administrative-territorial unit can be modified, in order to ensure the integrated framework for development and urban planning of a zone characterized by a high degree of complexity or by an accentuated urban dynamics.

(2) The urban restructuring operation may include the plot reconfiguration operation, in which case the provisions of art. 220-223 apply.

Article 230 - The objectives of the urban restructuring operation

(1) The general objectives of the urban restructuring operation are as follows:

a) reconfiguration of the limits of properties included in the restructuring zone, incompatible with the structure and parameters of the zone;

b) establishment of urban planning regulations in accordance with the urban planning regulations of the zone and local development trends;

c) equitable redistribution of properties to the holders of property rights over properties located in the restructuring zone;

d) introduction of new properties into the public domain resulting from restructuring in order to achieve public interest objectives;

e) registration of immovable property resulting from plot reconfiguration through administrative and legal acts that confirm rights over immovable property resulting from reparcelation.

(2) The specific objectives of the urban restructuring operation are as follows:

a) definition of new construction zones, in accordance with approved urban planning regulations;

b) definition of the technical, economic and legal regime of properties resulting from the plot reconfiguration process;

c) achievement by the competent public administration authorities of public interest objectives established through approved urban planning regulations;

d) correct and sustainable development of localities through planning the extension of the building area, with prior reservation of minimum public domain areas necessary for the functioning and coherent development of the studied zone.

(3) Urban restructuring applies to zones delimited for this purpose in the integrated sustainable local development strategy and/or in the general urban planning and is implemented through the development and approval of a zonal urban planning for urban restructuring.

Article 231 - The stages of urban restructuring

The urban restructuring operation is carried out in several stages and includes at least:

a) initiation of the urban restructuring operation;

b) development and approval of the PUZ for urban restructuring, which shall also contain the urban restructuring programme from which the urban restructuring percentage results;

c) implementation of the urban restructuring programme from which the urban restructuring percentage results;

d) development and approval of the feasibility study regarding urban restructuring;

e) expropriation for reasons of public utility, if applicable;

f) finalization of urban restructuring which is materialized through the completion of the property transfer related to the urban restructuring percentage into the public domain and the completion of cadastral operations in order to comply with the provisions of the PUZ documentation for urban restructuring;

g) introduction into the building area by a separate decision of the local council of the zone regulated by the previously approved zonal urban planning for urban restructuring.

Article 232 - Public Information and Consultation in Urban Restructuring Procedure

At all stages of the urban restructuring operation, public information and consultation shall be ensured in accordance with the provisions of Law no. 52/2003, republished, as subsequently amended.

Article 233 - Participants in the Urban Restructuring Operation

(1) The following persons have the status of participants in the urban restructuring operation:

a) local public administration authorities;

b) holders of real rights over properties within the area targeted by the urban restructuring operation;

c) the ATU expertise centre, in the situation where the implementation of the operation is carried out by it, at the request of the public administration authorities.

(2) The participation of holders of real rights over properties included in the area targeted by the urban restructuring operation shall be carried out exclusively on the basis of their prior consent to the urban restructuring operation, expressed in accordance with the law.

(3) Before the participants referred to in para. (2) express their consent, they shall be individually informed of the rights and obligations they have with regard to the urban restructuring operation and the urban restructuring programme.

(4) Under the conditions of Law no. 255/2010, as subsequently amended and supplemented, necessary for achieving objectives of national, county and local interest, holders of real rights over properties located in the area targeted by the urban restructuring operation, who have not expressed their consent regarding participation in the urban restructuring operation, shall be expropriated for reasons of public utility.

Article 234 - Initiative for Urban Restructuring

(1) The initiative for carrying out the urban restructuring operation belongs to the local public administration authorities.

(2) The initiator organizes the conduct of the operation from a legal, economic, technical and logistical point of view and the involvement of all participants in the urban restructuring process.

Article 235 - Feasibility Study on Urban Restructuring

(1) The preparation of the feasibility study shall be ensured by the project initiator and shall include the following:

a) analysis of the existing situation and dysfunctions: analysis of sociodemographic trends; analysis of economic development trends, analysis regarding institutional and administrative capacity for conducting the restructuring programme, documentation on examples of good practice at national or international level, analysis of good practice models regarding the manner of occupation and configuration of properties;

b) reference to the integrated sustainable local development strategy and to the PUG;

c) market study;

d) definition of the preliminary urban restructuring project, project implementation and cost evaluation, phasing, highlighting public costs as well as benefits for the community and for participants in the implementation stages;

e) the technical and economic indicators of the work of local interest for urban restructuring, necessary for initiating the expropriation procedure for all properties whose owners have not expressed their consent regarding participation in the urban restructuring operation, these properties constituting the expropriation corridor in accordance with Law no. 255/2010, as subsequently amended and supplemented.

(2) The provisions of the feasibility study constitute the terms of reference for the preparation of the zonal urban plan for urban restructuring.

(3) The feasibility study shall be approved by the local council / General Council of Bucharest Municipality.

Article 236 - Urban Restructuring Programme

(1) The urban restructuring programme identifies, includes and details:

a) the area targeted by the urban restructuring operation;

b) the purpose, cause of public utility and public interest ensured through the implementation of the urban restructuring operation;

c) the method of financing the restructuring operation;

d) the stages of the administrative and cadastral procedure for urban restructuring;

e) the criteria for urban restructuring;

f) the topocadastral documentation relating to the targeted area which includes the current situation of the targeted area as well as the proposed situation;

g) the procedure for notification, expression of consent and conclusion of agreements necessary for the implementation of the operation with holders of real rights over properties included in the targeted area;

h) the conditions and stages of expropriation of properties for which the holders of property rights have not expressed their consent for participation in the urban restructuring operation, if applicable, in compliance with the provisions of art. 2 para. (1) lit. s) and art. 5 of Law no. 255/2010, as subsequently amended and supplemented;

i) the maximum estimated duration of the urban restructuring operation until its completion.

(2) The urban restructuring programme shall be approved together with the zonal urban plan for urban restructuring.

Article 237 - Zonal Urban Plan for Urban Restructuring

(1) The urban restructuring operation shall be carried out exclusively on the basis of a zonal urban plan for urban restructuring, prepared and approved in accordance with the provisions of this code.

(2) The initiation of the zonal urban plan for urban restructuring shall be ensured by the local public administration authorities, which may decide on its preparation through the expertise centres in territorial and urban planning.

(3) The zonal urban plan for urban restructuring shall be approved by decision of the local council / General Council of Bucharest Municipality.

(4) The action plan relating to the urban restructuring operation is an integral part of the zonal urban plan for urban restructuring.

(5) The zonal urban plan for urban restructuring establishes the share of the property to be ceded by each of the participants in the restructuring, which shall be necessary for achieving objectives of public interest, and the method of redistribution of the resulting properties to the participants.

Article 238 - Implementation of urban restructuring operations

(1) The implementation of urban restructuring operations shall be carried out through the specialized structure responsible for territorial planning and urbanism, headed by the chief architect. In the case of administrative-territorial units that do not have specialized structures responsible for territorial planning and urbanism, the duties shall be performed by the chief architect institution within the specialized apparatus at county level, on the basis of a convention, in accordance with art. 122 para (5).

(2) At the request of the local public administration authority, the implementation of urban restructuring operations may be carried out through expertise centres in territorial planning and urbanism organized in accordance with art. 135.

(3) The local public administration authority also has the option of establishing, in accordance with the provisions of art. 129 para. (2) lit. e) of Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, a project company, which has as its object of activity the implementation of urban restructuring operations and the development of constructions in the restructuring area.

Article 239 - Consolidation

(1) For the purposes of this code, consolidation is the operation of joining two or more properties, provided that the resulting plot complies with the provisions of the urban regulations in force regarding the sizing and buildability conditions applicable to plots.

(2) In the case of consolidation operations for the purpose of carrying out construction works, the prior issuance of an urbanism certificate for cadastral operations is mandatory.

(3) Legal acts concluded for the purpose of carrying out a consolidation operation carried out in breach of the provisions of para. (2) are null.

(4) By way of exception to the provisions of para. (2), in the case of engineering works, the request and issuance of an urbanism certificate for cadastral operations are not mandatory.

Article 240 - Subdivision

(1) For the purposes of this code, subdivision is the cadastral operation of separating a plot of land into two properties, provided that the resulting plot complies with the provisions of the urban regulations in force regarding the intended use of the land, sizing conditions and buildability conditions applicable to plots.

(2) The subdivision of a property shall be carried out with the request and prior issuance of an urbanism certificate for cadastral operations.

(3) By way of exception to the provisions of para. (2), the issuance of an urbanism certificate is optional in the case of actions to exit co-ownership.

(4) The application of the provisions of art. 256 para. (8) lit. a) is prohibited when urbanism certificates are requested for the subdivision of plots resulting from previous subdivisions, in order to prevent successive subdivisions that lead to non-compliance with the land occupation process and the land use coefficient established by the urban regulations in force.

(5) Legal acts concluded for the purpose of carrying out a subdivision operation carried out in breach of the provisions of para. (2) are void.

(6) By way of exception to the provisions of para. (2), in the case of engineering works, the request and issuance of an urbanism certificate for cadastral operations are not mandatory.

(7) The authorization of multiple individual isolated, semi-detached or terraced dwellings on the same plot without the preparation of appropriate urban documentation, such as PUZ or PUD, is prohibited.

Article 241 - Violations concerning the regime of protected built-up areas

(1) The following acts constitute violations of the protection regime for historical monuments listed in the World Heritage List and shall be sanctioned with a fine ranging from 50,000 lei to 500,000 lei, if they are not committed under such conditions that, according to criminal law, they would be considered offences:

a) authorization of construction or demolition works on properties with the status of historical monuments listed in the World Heritage List, without the approvals provided by law;

b) execution, modification or demolition of constructions in the protection zones of historical monuments listed in the World Heritage List, without the approval of the ministry responsible for culture and, where applicable, the ministry responsible for territorial planning, urbanism and construction;

c) failure to include the provisions of protection and management programmes for historical monuments listed in the World Heritage List in the territorial planning and urban documentation applicable to the areas in which historical monuments included in the World Heritage List are located.

(2) The following acts constitute violations of the protection regime for protected built-up areas and shall be sanctioned with a fine ranging from 10,000 lei to 100,000 lei, if they are not committed under such conditions that, according to criminal law, they would be considered offences:

a) execution of works/interventions on a property after the initiation of the classification procedure, on a historical monument, in its protection zone or in protected areas, without the approval of the Ministry of Culture or its deconcentrated services, as the case may be;

b) failure to specify in the urbanism certificate the need to obtain the approval of the Ministry of Culture or its deconcentrated services, as the case may be, for the proposed works on historical monuments in their protection zone or in protected areas;

c) issuance of construction or demolition permits for works on historical monuments, in their protection zones, in protected built-up areas and in areas with archaeological heritage, without the approval of the Ministry of Culture or its deconcentrated services, as the case may be.

(3) The following acts constitute violations of the protection regime for areas with archaeological heritage and shall be sanctioned with a fine ranging from 50,000 lei to 500,000 lei, if they are not committed under such conditions that, according to criminal law, they would be considered offences: non-compliance with the approval of the Ministry of Culture or issuance of a construction or demolition permit for works in areas with identified archaeological heritage, without the approval of the Ministry of Culture.

(4) The placement of public monuments in the absence of or in non-compliance with the approval of the Ministry of Culture constitutes a violation and shall be sanctioned with a fine ranging from 10,000 lei to 100,000 lei.

(5) The violations provided for in this article shall be identified and sanctioned by the control structures within the Ministry of Culture, local public authorities or I.S.C.

Article 242 - Violations of the regime of protected natural areas

Acts that constitute violations or offences of the regime of protected natural areas, the sanctions applicable to them, as well as the competence regarding their identification and sanctioning are governed by the regulations established through special laws.

Article 243 - Violations of the regime of urban operations

(1) The following acts constitute violations of the regime of urban operations, if they are not committed under such conditions that, according to criminal law, they would be considered offences:

a) carrying out the subdivision operation without prior obtaining of the urbanism certificate for cadastral operations, in those cases where obtaining it is mandatory, in accordance with the provisions of art. 256;

b) carrying out the consolidation operation without prior obtaining of the urbanism certificate for cadastral operations, in those cases where obtaining it is mandatory, in accordance with the provisions of art. 256;

c) registration in the land register of properties resulting from the subdivision operation carried out without prior obtaining of the urbanism certificate for cadastral operations, in those cases where obtaining it is mandatory, in accordance with the provisions of art. 256;

d) registration in the land register of properties resulting from the consolidation operation carried out without prior obtaining of the urbanism certificate for cadastral operations, in those cases where obtaining it is mandatory, in accordance with the provisions of art. 256.

(2) The violations provided for in para. (1) committed by natural or legal persons shall be sanctioned with a fine of 50,000 to 100,000 lei.

(3) The fine sanction provided for in para. (1) lit. c) and d) shall be applied to the personnel responsible for carrying out the land register registration activities, as well as to the signatories of the administrative acts in question, according to the competencies established by law.

(4) The fine sanction may be applied to both natural and legal persons.

(5) Under the conditions of this article, the warning sanction shall not be applied.

(6) The identification and sanctioning of the violations provided for in para. (1) shall be carried out by the functional departments with control competencies within the county council and local councils apparatus, in accordance with the provisions of art. 351, or by the control bodies of I.S.C.

Article 244 - Offences of the regime of protected areas

Carrying out any works in violation of the provisions of art. 190 para. (4) constitutes an offence of the regime of protected areas and shall be sanctioned with imprisonment from 6 months to 3 years or with a fine, with the exception of protected areas mentioned in art. 187 para. (2) lit. c), to which the provisions of Government Ordinance no. 43/2000 on the protection of archaeological heritage and the declaration of certain archaeological sites as areas of national interest, republished, with subsequent amendments and additions, shall apply.

Article 245 - Right to execute construction/demolition works

(1) The right to execute construction/demolition works shall be exercised in accordance with the provisions of the construction/demolition authorization, issued in compliance with the territory development and urban planning documentation, within the validity period, except in cases expressly provided by law.

(2) By way of exception to the provisions of para. (1), construction/demolition works may be executed in compliance with the simplified notification procedure or without any formality, without the need to issue the authorizations provided for in para. (1). The provisions of art. 345 shall apply accordingly.

(3) The execution of construction/demolition works is permitted, under the conditions of para. (1) and (2), to the holders of property rights and holders of other real rights corresponding to public property, in compliance with the legal act of establishment or with the owner's consent.

(4) By way of exception to the provisions of para. (3), on the basis of a debt right, the following may be executed:

a) construction/demolition works of temporary buildings, repairs to permanent buildings and non-structural, demountable interior partitions, with the owner's consent;

b) works for which the issuance of a construction authorization is necessary, executed on the basis of a lease contract concluded under the conditions of the legislation specific to the oil and natural gas sector by the holders of licenses/permits/authorizations with the owners of land within the operating perimeter, necessary for the conduct of geological exploration/prospecting and exploitation of oil and natural gas operations, other than buildings of a provisional nature, if such contracts explicitly include the consent of the owners for the execution of construction works on these lands, respectively on the basis of an agreement for buildings that temporarily affect the land and with the express consent of the rights holder for the execution of construction works necessary for the extension, maintenance of water and wastewater systems, aqueducts, having explicit consent/declaration from the rights holder for the execution of construction works on these lands;

c) other construction/demolition works, in the cases and conditions expressly provided by law.

Article 246 - Authorization of construction/demolition works

(1) The construction authorization is an administrative act, of an individual nature, on the basis of which the execution of construction works is permitted in accordance with the measures provided by law regarding the location, design, execution, operation and post-use of buildings. The construction authorization is issued for works of execution of new buildings, works of improvements, works of interventions on existing buildings.

(2) The demolition authorization is an administrative act of individual character that permits the execution of demolition, decommissioning or disassembly works, partial or total, of buildings and installations related to buildings, of building elements supporting technological installations and equipment, closure of quarries and surface and underground operations, as well as any other arrangements, based on a technical execution project.

(3) The execution of works authorized according to the provisions of para. (1) and of works authorized according to the provisions of para. (2) may be started and is carried out only on the basis of the technical execution project, except for the situations provided by this code.

(4) For the authorizations provided in para. (1) and (2), modification authorizations may be issued, in accordance with the provisions of art. 293.

(5) In accordance with the provisions of art. 301, for certain types of works, regularization authorizations may be issued.

(6) Provisional authorizations are not issued.

Article 247 - Construction works subject to authorization

(1) Building authorizations and demolition authorizations are issued by the central or local public administration authorities, as appropriate, according to a differentiated procedure for the following types of constructions:

a) buildings;

b) engineering works;

c) arrangements.

(2) The types of constructions provided in para. (1) are defined according to Book II - On constructions of this code.

Article 248 - Issuance of authorizations for construction/demolition works

(1) The authorization for construction/demolition works is issued at the request of the holders of the rights provided in art. 245.

(2) By exception to the provisions of para. (1), in the case of engineering works of public interest, building authorizations are also issued at the request of persons other than the holders of principal real rights over the properties, according to the provisions of art. 334.

(3) For the execution of investment objectives that involve both new construction works and arrangements, interventions on existing constructions or partial or total demolitions, the persons provided in para. (1) and (2) request a single building authorization, which shall present in a differentiated manner the categories of authorized works.

Article 249 - The process of authorizing construction/demolition works

(1) The initiation of the authorization process for construction/demolition works begins with the request for the urban planning certificate for construction/demolition.

(2) In the situation where the authorization of construction works requires a modification of the approved urban planning regulations, the authorization process is suspended after the issuance of the urban planning certificate and until the approval of the urban planning regulations that permit construction under the requested conditions, in which case the process may be continued on the basis of the same urban planning certificate.

(3) Under the conditions of para. (2), the urban planning certificate shall be supplemented with the act approving the urban planning plan, with an annex that includes the modifications made to the technical, economic and legal regime, as well as the opinions and approvals necessary for the authorization of the works.

(4) The integrated single opinion obtained at the PUZ phase maintains its validity until the issuance of the building/demolition authorization.

(5) Following the issuance of the urban planning certificate, in the situation where the authorization of construction works does not require a modification of the approved urban planning regulations or after the approval of the urban planning regulations that permit construction according to para. (2), the authorization process for construction works continues with the following main stages:

a) elaboration of specialized studies, as appropriate;

b) elaboration of the project for the authorization of construction or demolition and of the project for the organization of the execution of works, if the authorization of the organization of the execution of works is requested concurrently with the authorization of construction or demolition, of the project for the agreement/authorization of the road administrator related to the works executed on public domain for technical-utility infrastructure and existing access routes in the area and of the documentation for obtaining the agreements/opinions for the issuance of the building authorization;

c) notification of the competent public authority for environmental protection, if applicable, and completion of the procedure for issuing the environmental agreement in accordance with the provisions of special laws, as appropriate;

d) obtaining the necessary opinions and approvals;

e) elaboration of the detailed urban planning project, if applicable;

f) request for the issuance of the building/demolition authorization and submission of the documentation for the issuance of the building/demolition authorization;

g) issuance of the building/demolition authorization.

(6) The stages of the authorization process for construction/demolition works of buildings are differentiated according to:

a) the type of construction works;

b) the location and legal protection regime applicable to the property - historical monument, archaeological site, protected built area, protected landscape, protected natural area;

c) location in urban or rural areas;

d) impact and degree of risk, depending on the consequence class of the construction.

Article 250 - General provisions regarding the authorization of construction/demolition works

(1) The building/demolition authorization is issued for one or more properties.

(2) For the issuance of the building/demolition authorization for buildings, the competent public administration authorities take into account the following:

a) building regime, mode of plot occupation, proposed functions, alignments, setbacks, height regime and maximum heights, urban planning indicators;

b) volumes and exterior appearance of constructions according to approved urban planning regulations, materials, construction techniques and permitted colors;

c) pedestrian and vehicular accesses on the plot, accesses to the building;

d) fencing, green spaces and vegetation elements, exterior arrangements;

e) utilities, waste storage spaces, parking;

f) inclusion/alignment of the investment objective with the guidelines in the approved strategic documents/plans, if applicable.

(3) Upon authorization of the basic works, the applicant for the building permit requests both the authorization of the execution organization works and the approvals and agreements from the utility suppliers present in the area where the new construction will be located, such as: electricity, water and sewerage, gas, sanitation, as required by the urbanism certificate.

(4) Authorization of execution organization works may be requested separately by the construction contractor, based on the contract for execution of works related to the basic investment.

Article 251 - Public administration authorities competent to issue authorizations for construction works

Building and demolition permits are issued by local public administration authorities, except for permits for special-purpose constructions, which are issued by institutions from SNAOPSN, works for national transport infrastructure, which are issued by the Ministry of Transport and Infrastructure, and those concerning projects of common interest in the energy field, which are issued by the Ministry of Energy, in accordance with special laws.

Article 252 - Execution of construction works without the need to prepare new urbanism documentation

By exception to art. 245, according to which the execution of new constructions or interventions on existing constructions must be carried out based on the existing urban regulations in force or modified for the investment in question, may be executed without the need to prepare new urbanism documentation, based on a building permit, a notification or without formality construction/demolition works for:

a) works of modification, repair, protection, consolidation, restoration, conservation or reconstruction of buildings of any kind, provided that the same function, the built area at ground level and their volumetry are maintained;

b) repair works on communication routes, maintenance and repair works on physical infrastructure related to electronic communications networks, technical-utility facilities and similar, without changing the route and, as appropriate, their functionality;

c) repair works on fences, urban furniture, green space arrangements, public parks and gardens, pedestrian squares, children's playgrounds, fitness areas and similar;

d) research and prospecting works on land, boreholes and excavations necessary for carrying out geotechnical studies for quarries, gravel pits, gas and oil wells, electricity and hydrogen production capacities from renewable sources, as well as other exploitations;

e) organization of tent camps;

f) arrangement works for the functionality of bridges, existing buildings, even if they lead to exceeding the land use coefficient - CUT regulated in the area;

g) investment objectives on agricultural land outside the town limits, provided for in art. 92 para. (2) lit. c), e) and j), and constructions provided for in art. 92 para. (3) of the Land Fund Law no. 18/1991, republished, with subsequent amendments and additions;

h) works on constructions, arrangements and installations at military objectives, as well as those carried out for the purpose of fulfilling the specific duties of institutions in the field of defense, public order and national security;

i) works for building electricity and hydrogen production and storage capacities from renewable sources, located outside the town limits, including transformation stations, cables and installations for their connection to the public electricity network. For production capacities that are not realized for self-consumption, located within the town limits, the solution and relationships with surroundings will be studied and detailed based on a detailed urban project.

Article 253 - Urbanism Certificate

(1) The urbanism certificate is the mandatory information act by which the local public administration authority ensures the applicant is informed about the regulations, permits and restrictions in force, at the date of its issuance, established through territory planning documentation, urbanism documentation and applicable normative acts, which are applicable to the property or properties that are the subject of the request. The urbanism certificate is an administrative act, except for the one provided for in para. (3) lit. a).

(2) The urbanism certificate is issued at the request of any applicant who may be interested in knowing the data and regulations, permits and restrictions to which the respective real property is subject, and does not confer the right to execute construction or demolition works.

(3) Depending on the purpose of the request, the urbanism certificate is classified as:

a) urbanism certificate for information;

b) urbanism certificate for cadastral operations;

c) urbanism certificate for construction/demolition of buildings and arrangements;

d) urbanism certificate for construction/demolition of engineering works;

e) urbanism certificate for special-purpose constructions.

(4) The urbanism certificate includes the following elements regarding:

a) the legal regime of the property, namely information known by the issuer at the date of the request, regarding the right of ownership of the property, other real rights and easements of public utility that burden it; the location of the property - land and/or related constructions - within or outside the town limits; provisions of urban planning documentation that establish a special regime on the property - protected areas, definitive or temporary building prohibitions, if it is listed in the list of historical monuments in Romania and on which, in case of sale, it is necessary to exercise the state's right of first refusal according to the law, as well as others provided by law. Information regarding the right of ownership and its dismemberments shall be taken from the land register. In the situation where the property is not registered in the cadastral records and land register, and the information regarding the right of ownership is not known by the issuer, the urban planning certificate shall include a note regarding the impossibility of identifying the holder of the right of ownership or its dismemberments on the property. In the case of projects requiring expropriations, data relating to properties intended for expropriation are also recorded;

b) the economic regime of the property, current use, the regime established by the local urban planning regulation applicable to the urban planning plan in force at the date of issuance, regarding permitted or prohibited functions, specific fiscal regulations of the locality or zone, as well as the regulated economic regime, namely the destination and function that can be granted to the property in question;

c) the technical regime of the property extracted from the local regulation applicable to the approved urban planning documentation in force, specifying the urban planning documentation in force at the date of issuance, the number of the approval decision, the reference territorial unit, the functional zone or subzone, the percentage of land occupation, the land use coefficient, the minimum and maximum dimensions of plots, equipment with utilities, buildable area allowed on the plot, pedestrian and vehicular circulation and accesses, necessary parking, alignment of the land and constructions in relation to the streets adjacent to the land, minimum and maximum permitted heights; technical-utility regulations and those regarding circulation, for modernizations, extensions of transport infrastructure and utility networks, regarding routes, cross-sections, dimensions and parameters, as well as other regulations established by the urban planning documentation in force;

d) information known by the local public administration authorities regarding the routes, location, quality and capacity of utility networks in the area of the property and, in the annex, an extract from the GIS system with utility networks;

e) plan for integration into the applicable urban planning documentation.

(5) The urban planning certificate must include the purpose for which it is issued, but it can also be issued for multiple purposes simultaneously.

(6) The urban planning certificate can be issued for one or more properties.

(7) The urban planning certificate is issued by the local public administration authorities which, according to the competencies established by this code, issue building/demolition permits, with the exception of urban planning certificates for constructions with special character, which are issued by the institutions from SNAOPSN, based on the urban planning certificate for information, issued by the local public administration authorities.

(8) By exception to the provisions of para. (7), the local public administration authorities issue urban planning certificates according to the competencies established by this code, for projects related to transport infrastructure of national interest where building permits are issued by the Ministry of Transport and Infrastructure, through the specialized department, in compliance with the legal provisions in the field of construction authorization, and for projects of common interest for which building permits are issued by the Ministry of Energy.

(9) Urban planning certificates provided for in para. (3) lit. b)-d) issued without the content elements provided by law are void. Nullity is established by the competent administrative court, under the conditions of the law.

(10) The issuance of the urban planning certificate by the local public administration authorities is subject to the provisions of art. 474 para. (1) - (4) and art. 476 of Law no. 227/2015 on the Tax Code, as subsequently amended and supplemented.

Article 254 - Urban Planning Certificate for Information

(1) The urban planning certificate for information represents the result of the administrative operation by which the local public administration authority makes known the legal, economic and technical regime of the property in order to provide prior information to any interested person and does not contain information particularized in relation to a purpose, but general information.

(2) The urban planning certificate for information is issued at the request of any natural or legal person who may be interested in knowing the data and regulations to which the respective property is subject.

(3) For the same property, multiple urban planning certificates for information can be issued, their content being identical for all applicants.

(4) The urban planning certificate for information is issued and communicated to the applicant in written format or in digital format, depending on the applicant's option expressed through the standard request form for issuing the urban planning certificate. The standard request can also be submitted through an application and/or an information system.

(5) In the situation where the local public authority has a functional information system, the urban planning certificate for information is issued automatically.

(6) In the situation where the local public authority has a functional information system, the urban planning certificate for information is issued within a maximum of 5 working days from the date of registration of the issuance request, in accordance with the provisions of this code.

(7) By exception to para. (6), until the information system becomes operational, the urban planning certificate for information is issued within a maximum of 10 working days from the date of registration of the issuance request, in accordance with the provisions of this code.

(8) The urban planning certificate for information is generated automatically through an information system with the qualified or advanced electronic seal of the issuing authority, obtained in accordance with the special provisions in force.

(9) By way of exception to para. (7), until the implementation of the IT system, the urbanism certificate for information shall be signed in handwriting or with electronic signature by the chief architect or the person responsible for territorial planning and urbanism in the apparatus of the local public administration authority.

(10) For the purpose of issuing the urbanism certificate for information, the applicant shall specify in the application for issuance the cadastral number for identification in the Imobile application of the National Agency for Cadastre and Real Estate Publicity - e-Terra system, for registered properties.

(11) By way of exception to para. (10), for properties not registered in the Imobile application of the National Agency for Cadastre and Real Estate Publicity - e-Terra system, the urbanism certificate for information shall be requested on the basis of a zoning layout plan with the exact location of the property made in Stereo 70 system issued, upon request, by the National Agency for Cadastre and Real Estate Publicity. In the case of properties registered in the land register records, but without updated cadastral data, an updated land register extract is also required.

(12) The updated land register extract comprises all registrations recorded with respect to the property and shall not be older than 30 days from the date of submission of the application for issuance of the urbanism certificate.

Article 255 - Content of the urbanism certificate for information

The urbanism certificate for information shall mandatorily comprise the elements provided for in art. 253 para. (4).

Article 256 - Urbanism certificate for cadastral operations

(1) The urbanism certificate for cadastral operations is an individual administrative act by which the local public administration authority makes known the conditions necessary for carrying out operations of subdivision, consolidation or registration of easements of passage, registration, re-registration of properties in the land register, in relation to the technical regime established through territorial planning documentation and urbanism documentation approved.

(2) The operations provided for in para. (1) and the legal acts related to them, carried out in the absence of the urbanism certificate or with non-compliance with the conditions imposed by it, are struck by absolute nullity.

(3) The urbanism certificate for cadastral operations shall be issued and communicated to the applicant in written format or in digital format, depending on the option expressed by the applicant through the standard application for issuance of the urbanism certificate.

(4) The urbanism certificate for cadastral operations shall be issued within a maximum of 10 working days from the date of registration of the application for issuance.

(5) The urbanism certificate for cadastral operations shall be signed in handwriting or electronically by the president of the county council or by the mayor, as the case may be, by the secretary and by the chief architect or by the person responsible for territorial planning and urbanism in the apparatus of the issuing public administration authority, the responsibility for its issuance resting with the signatories, in accordance with the powers established by law.

(6) The urbanism certificate for cadastral operations issued in digital format shall be signed with a qualified or advanced electronic signature, as defined by law, the document having the same legal value as the urbanism certificate for cadastral operations issued in written format.

(7) For the purpose of issuing the urbanism certificate for cadastral operations, the applicant shall attach to the application for issuance the following:

a) the updated land register extract or the zoning layout plan in the case of a property that is not registered in the cadastre and real estate publicity records;

b) the power of attorney granted to the applicant by the holder of the property right over the property, in the case where the applicant is not the holder of the property right;

c) cadastral documentation prepared by persons authorized in accordance with the law, based on a plan with a proposal for consolidation/subdivision prepared by an architect or urbanist, in compliance with territorial planning documentation and urbanism documentation applicable to the property.

(8) As a result of the application for issuance of the urbanism certificate for cadastral operations, the competent local public administration authority in accordance with the law may, in relation to the specific situation:

a) admit the application and issue the urbanism certificate for cadastral operations the cadastral documentation reviewed for no change being attached to the urbanism certificate for cadastral operations;

b) issue a negative urbanism certificate, stating in fact and in law the impossibility of carrying out the cadastral operation, in the situation where it is not permitted to prepare a PUZ for the purpose of carrying out the cadastral operation or in the situation where the operation is contrary to the integrated urban development strategy approved at the level of the administrative-territorial unit or urbanism documentation approved at the level of the administrative-territorial unit;

c) reject the application in a justified manner, in the case where following the analysis of the submitted documentation it is found that it is incomplete, requires technical clarifications or modifications;

d) admit the application and issue the urbanism certificate only once for cadastral operations, with the request to prepare a PUZ in the situation of subdivision into more than 3 plots.

(9) It is prohibited to issue urbanism certificates for cadastral operations of consolidation and subdivision for the purpose of carrying out the urban operations listed in art. 214 para. (1), without containing the obligation to prepare urbanism documentation of the PUZ type.

(10) By way of exception to the provisions of para. (2), in the case of carrying out engineering works related to transport infrastructure works of national interest, the request and issuance of the urbanism certificate for cadastral operations are not mandatory.

(11) Cadastral operations carried out for areas with special designation owned or administered by institutions with responsibilities in the field of defence, public order and national security are exempted from the issuance of the urbanism certificate.

Article 257 - Urbanism certificate for construction/demolition for buildings and arrangements

(1) The urban planning certificate is an individual administrative act through which the local public administration authority informs the holder of a real right over the property of the necessary conditions for implementing an investment objective, namely the conditions applicable to the construction, demolition, modification of a building under construction or regularization of a building.

(2) The urban planning certificate for construction/demolition for buildings and facilities is issued and communicated to the applicant in written format or digital format, depending on the applicant's option expressed through the standard request for issuing the urban planning certificate.

(3) The approvals and permits requested through the urban planning certificate shall be grouped as follows:

a) approvals and permits obtained on the basis of the project for authorizing construction and/or demolition, for the purpose of issuing the construction permit;

b) approvals and permits obtained for the purpose of approving the PUZ, if applicable.

(4) The urban planning certificate for construction/demolition for buildings and facilities is issued within a maximum of 15 working days from the date of registration of the request for issuance.

(5) The list of approvals and permits necessary for construction/demolition shall be drawn up by the ministry responsible for the field of territorial planning, urbanism and construction and approved by order of the minister.

(6) The urban planning certificate for construction/demolition for buildings and facilities is signed in handwriting or electronically by the president of the county council or by the mayor, as the case may be, and by the general secretary and by the chief architect or by the person responsible for territorial planning and urbanism in the apparatus of the issuing public administration authority, the responsibility for its issuance resting with the signatories, in accordance with the powers established by law.

(7) The urban planning certificate for construction/demolition for buildings and facilities issued in digital format is signed with a qualified or advanced electronic signature, as defined by law, the document having the same legal value as the urban planning certificate for construction/demolition issued in written format.

(8) For the purpose of issuing the urban planning certificate for construction/demolition for buildings and facilities, the applicant shall attach to the request for issuance the following:

a) for new constructions and development works, as well as for horizontal extensions of existing buildings - an up-to-date extract from the land register with the property registered in the cadastral records and real estate publicity, as well as the proposed site plan with the footprint of the building bodies to be demolished, constructed or extended, as the case may be. For other interventions on existing buildings, an up-to-date land register extract and a zoning plan with the exact location of the property, issued upon request by the cadastral and real estate publicity office, are also accepted, in the case of a property that is not registered in the cadastral records and real estate publicity;

b) a brief description of the proposed investment for the purpose of identifying how it fits into the approved urban planning documentation and the approvals and permits necessary for construction;

c) data sets regarding properties are obtained online, directly by the public administration authority through access to the search/query interface in the integrated cadastral and land register application or through dynamic query services based on API components made freely available by the National Agency for Cadastre and Real Estate Publicity.

(9) As a result of the request for issuing the urban planning certificate for construction/demolition for buildings and facilities, the competent local public administration authority according to law:

a) accepts the request and issues the urban planning certificate for construction/demolition for buildings and facilities;

b) accepts the request and issues the urban planning certificate for construction/demolition for buildings and facilities, also including the obligation to prepare a detailed urban planning project for the implementation of the investment objective;

c) accepts the request and issues the urban planning certificate for construction/demolition for buildings and facilities, also including the obligation to prepare and approve a PUZ for the implementation of the investment objective, only in situations provided for in the PUG or explicitly specified by this law, including the specification of the approvals and permits necessary for the preparation and approval of urban planning documentation;

d) rejects the request by issuing a negative urban planning certificate, motivating in fact and in law the impossibility of implementing the investment objective, in the situation where the preparation of a PUZ is not permitted for the implementation of the project or in the situation where it contravenes the integrated urban development strategy approved at the level of the administrative-territorial unit or the urban planning documentation approved at the level of the administrative-territorial unit.

(10) In the case mentioned in para. (8) lit. b) and c), the urban planning certificate may be used for the requested purpose only under the conditions and after the approval of the relevant PUZ or PUD, being valid for another 12 months after the approval of the urban planning documentation.

(11) In the case provided for in para. (9) lit. c), the local public administration authority specifies whether the preparation of the PUZ can be carried out with or without the issuance of an initiation notice, depending on the initiator of the documentation.

(12) The urban planning certificate for construction/demolition for buildings and facilities contains, in addition to the elements provided for in art. 253, the following:

a) elements regarding the regime for updating or modifying urban planning documentation and related local regulations, if applicable;

b) the mandatory conditions for implementing the investment objective, namely the urban planning regulations that must be met depending on the specifics of the location;

c) the list of specialized studies necessary for the purpose of authorizing construction;

d) the obligation to prepare the PUD, if applicable;

e) the complete list of approvals and permits necessary for the purpose of authorizing construction;

f) the validity period.

(13) The complete list of approvals and permits set out in the urban planning certificate includes:

a) the list of approvals and permits obtained through the Single Agreement Commission in the case of administrative-territorial units at the level of which the establishment of the Single Agreement Commission is mandatory;

b) list of permits and approvals obtained directly by the applicant for the urban planning certificate, if applicable; if a PUZ was approved based on the same urban planning certificate, the location permits obtained for the PUZ retain their validity for issuing the building permit.

(14) The validity of the urban planning certificate for construction/demolition represents the period granted to the applicant to use it for the purpose for which it was issued, in accordance with the law.

(15) The issuer of the urban planning certificate establishes the validity period for an interval between 12 and 36 months from the date of issuance, depending on:

a) the purpose for which it was requested;

b) the complexity of the investment and the urban characteristics of the area where the property is located;

c) the maintenance of the validity of the urban planning documentation provisions and the approved territorial planning documents for the property that is the subject of the request.

(16) The validity of the urban planning certificate ceases if:

a) the holder renounces the intention to build, in which case they have the obligation to notify this fact to the issuing public administration authority;

b) the holder does not request the extension of the validity of the urban planning certificate within the legal period of 15 working days before its expiration.

(17) The extension of the validity period of the urban planning certificate for construction/demolition, a procedure associated with the same administrative act, is carried out by the issuer, at the request of the holder submitted within the period provided in para. (16) lit. b), for a period of maximum 24 months, after which a new urban planning certificate for construction/demolition must be issued.

(18) For public investment projects, the validity of the urban planning certificate may be established for a period of maximum 60 months, depending on the complexity of the investment and the related investment plan, except for engineering works concerning national transport infrastructure for which the provisions of art. 311 para. (4) apply.

Article 258 - Urban planning certificate for construction/demolition of engineering works

(1) The urban planning certificate for construction/demolition of engineering works is an individual administrative act by which the issuing authority makes known the necessary conditions for carrying out an engineering work, namely the conditions applicable to the construction, demolition, modification of an ongoing work or regularization of an engineering work.

(2) The urban planning certificate for construction/demolition of engineering works is issued, without the applicant needing to hold a principal real right over the property/properties, within 15 working days from the date of submission of the request for its issuance by the beneficiary of the works.

(3) For national interest transport infrastructure projects, urban planning certificates are issued regardless of the existence of disputes concerning administrative boundaries, by the competent authority, according to the boundaries existing at the time of requesting the urban planning certificate.

(4) By exception to para. (3), in the case of engineering works concerning transport infrastructure, the urban planning certificate for construction/demolition of engineering works is issued within 15 calendar days from the date of submission of the request for its issuance by the beneficiary of the works and includes:

a) data concerning the properties located in the work site;

b) the conditions resulting from the specific urban planning regulations of the site, as applicable;

c) the specialized studies necessary for authorizing construction;

d) the issuers of permits and approvals necessary for authorizing construction.

(5) For public investment projects, the validity of the urban planning certificate may be maximum 60 months, depending on the complexity of the investment and the related investment plan, except for engineering works concerning national interest transport infrastructure, for which the provisions of art. 311 para. (4) apply.

(6) The urban planning certificate issued for the construction or modernization of roads in residential areas and complementary facilities shall specify the obligation to construct sidewalks on both sides of the roadway, as well as other regulations to ensure road safety in accordance with the urban planning documentation in force. In the case of modernization of existing roads whose initial configuration does not provide for sidewalks on both sides or when their construction is not technically feasible, the construction of sidewalks on one side only is permitted.

(7) The provisions of art. 37 - 38 of Law no. 198/2022 for the amendment and completion of certain normative acts in the field of electronic communications and for establishing measures to facilitate the development of electronic communications networks apply accordingly.

Article 259 - Building permit

(1) The building permit is an individual administrative act issued by the competent public administration authorities which permits the execution of construction works.

(2) The building permit is issued for the following categories of construction works:

a) works for the construction of new buildings;

b) works for intervention on existing buildings;

c) works for amenities.

(3) For the purposes of this code, by works for intervention on existing buildings is meant works of consolidation, repair, protection, restoration, conservation, modernization, rehabilitation, thermal rehabilitation, improvement of energy performance, modification, extension, change of use, partial demolition, reconstruction of constructions of any kind, as well as the installations related to them.

(4) For the purposes of this code, by works for amenities is meant those works which affect the mode of land use, civil amenities, land improvements and enhancements, construction of temporary/provisional structures of the type: campsites, containers, summer camps or event tents, arrangement of planted green spaces, arrangement of public spaces, exploration/prospecting of land, boreholes, excavations, research for natural deposits and organization of work execution.

(5) The building permit shall be issued only if the works designed by specialized technical teams and verified by project verifiers certified for applicable fundamental requirements comply with the urban planning regulations in force, with the exceptions provided by this code and with respect to the conditions imposed by the opinions and approvals issued in accordance with the law, as well as by the technical regulations in force, corresponding to the type of construction to be carried out.

(6) The building permit shall be issued mandatorily for all types of construction works provided in para. (2), with the exception of construction works for which the law permits the execution of construction works based on the simplified notification procedure or in the absence of any formality.

(7) The building permit may be issued for several properties identified by several cadastral numbers, simultaneously.

(8) To the extent that construction works aim at the realization of several investment objectives on the same land, at the express request of the applicant, a building permit may be issued for each investment objective, based on the same urban planning certificate obtained for the land concerned, provided that these objectives are delimited in the technical documentation.

(9) By way of exception to the provisions of para. (7), the building permit may be issued for several properties, without the obligation to identify them by cadastral number, for bridge works, works necessary for railways and roads crossing the beds of water courses, as well as for water management works.

Article 260 - Request for authorization of construction works that do not comply with approved urban planning regulations

(1) In the situation where the intention to build of the applicant for the urban planning certificate does not comply with the provisions of urban planning documentation, through the urban planning certificate the applicant is informed about the regime for modifying or updating the urban planning documentation.

(2) In the sense of the provisions of para. (1), the applicant shall be notified:

a) the impossibility of modifying the provisions of the urban planning documentation and, respectively, the impossibility of carrying out the proposed works;

b) the necessity of initiating the elaboration of a PUZ, under the conditions of art. 70 and in compliance with the approved urban planning documentation;

c) the necessity of elaborating a PUD, under the conditions of art. 82 and in compliance with the approved urban planning documentation.

(3) In the situation provided for in para. (2) lit. b), the local public administration authority conditions the authorization of works on:

a) the elaboration and approval by the local public administration authority of a PUZ;

b) the approval by the local public administration authority of a PUZ, elaborated and financed by the care of the interested natural and/or legal persons, only based on an initiation opinion issued by the chief architect and approved, as the case may be, by the mayor or the president of the county council.

Article 261 - Neighbors' consent

(1) The applicant for the building permit has the obligation to obtain the consent of the neighbors or of the homeowners' association, as the case may be, expressed in authentic form, in the situation where for the realization of the proposed construction/arrangement/demolition works intervention measures are necessary to secure the existing constructions identified by the conclusions of the technical expertise or of the preliminary technical expertise report regarding the influence on the neighborhoods, as the case may be. In the situation where the neighbor is represented by a property belonging to institutions from SNAOPSN, then the applicant for the building permit has the obligation to obtain both the opinion of that institution and the consent of the neighbor.

(2) The neighbors' consent is expressed by an act concluded in authentic form.

(3) The neighbors or, as the case may be, the homeowners' association may refuse to issue the requested consent in a justified manner. The refusal is considered justified when the realization of construction works is contrary to the law, as well as when the execution of construction works affects the neighbor's property, without adequate solutions being proposed to remedy the situation caused by the neighboring construction.

(4) Unjustified refusal to give consent is established by the competent administrative court, and its decision shall be accepted by the issuer of the building/demolition permit in place of the neighbors' consent.

(5) The burden of proof of fulfilling the obligations provided by this article rests with the applicant for the building permit.

(6) The provisions of this article do not apply to engineering works of national or local public interest.

(7) The neighbors have the obligation to allow access to technical experts for analyzing the actual condition of neighboring buildings.

Article 262 - Content of documentation for the issuance of the building permit

(1) The documentation submitted for the issuance of the building permit comprises at least the following:

a) the request for the issuance of the building permit, whose standard format is established by order of the minister responsible for the field of territorial planning, urbanism and construction;

b) the extract from the updated cadastral plan not older than 30 days and the extract from the updated land register not older than 30 days, unless the law provides otherwise, and, as the case may be, the documents in copy certified as conforming to the original which attest the right of ownership over the property or another real right or claim right which permits construction by the applicant or the documents which attest the holding of another right on the basis of which the holder thereof may request the issuance of a building permit, under the conditions provided by art. 248. The certification of conformity with the original is carried out by the holder of the real right by signing each page of the document in handwriting or by certified electronic signature, after submitting proof of payment of the fees for the building permit and the architecture stamp tax, if applicable. In the situation where the owner is confirmed by the extract from the land register and is the same person requesting the issuance of the building permit, it is not necessary to present additional documents attesting ownership;

c) proof of the registration of the project by the Order of Architects of Romania, in the case of buildings;

d) the project for the authorization of construction;

e) complementary documentation necessary for obtaining, through the Single Agreement Commission, the approvals and opinions, if applicable;

f) the opinion or administrative act of the competent public authority for environmental protection, if an assessment was requested, and the environmental agreement, if applicable;

g) other permits and approvals according to the urban planning certificate for construction;

h) technical expertise or preliminary technical expertise report regarding the impact on neighbouring properties for the fundamental requirement of mechanical resistance and stability and/or documentation necessary to secure neighbouring buildings, if applicable;

i) the project for the agreement/authorization of the road administrator for works executed on public domain for technical-utility infrastructure and existing access routes in the area, if applicable;

j) the general budget for the investment objective;

k) the execution duration and value of the investment objective;

l) project verification reports for construction authorization, in accordance with the provisions of this code, prepared by certified technical verifiers, for applicable fundamental requirements, as appropriate;

m) declaration under personal responsibility, in case certain permits/approvals are invoked as granted by tacit agreement, whereby the beneficiary declares that they did not receive a request for clarification, completion or modification, a permit with or without conditions, or a rejection notice, as appropriate, before the expiry of the deadlines provided in art. 269.

(2) The documentation necessary for issuing the construction authorization is prepared by teams composed of architects and engineers of different specialties, depending on the specific nature of the works.

(3) The preparation of documentation necessary for issuing the construction authorization by the persons referred to in para. (2) engages their responsibility for the parts they have designed.

Article 263 - Application for construction authorization

The application for construction authorization shall include at least the following:

a) the identification data of the applicant or of the authorized representative, if applicable;

b) the mention of the real right or other right on the basis of which the application is made;

c) the number, date and issuer of the urban planning certificate;

d) the location of the site and the area subject to the works, the identification data of the property/properties on the surface of which the works will be carried out;

e) the identification data of the designer author of the project and of the architect who prepared it, with mention of the TNA identification code, if applicable;

f) specification of the type of work proposed to be executed;

g) information regarding the proposed project - areas, urban indicators, functions, height regime, maximum heights, alignment and placement regime in relation to the land boundaries;

h) the request for authorization of the organization of execution works, if the applicant opts for their authorization concurrently with the construction works;

i) applicable easements;

j) the value of the works subject to authorization, calculated as the total of estimated expenses through the general budget for the realization of construction and installation works - assembly without VAT, and, as appropriate, construction and installation works related to site organization;

k) the execution duration and value of the investment objective;

l) the identification data of project verifiers for various specialties.

Article 264 - Project for construction authorization

(1) The project for construction authorization and all documentation necessary for issuing permits and approvals shall be prepared, endorsed and signed by specialized technical teams composed of specialists, depending on the type and characteristics of the works to be authorized.

(2) The preparation of the project for construction authorization shall be carried out in compliance with all applicable urban planning regulations for the property, technical design regulations regarding quality in construction and other applicable regulations depending on the specific nature of the investment.

(3) The project for construction authorization shall be prepared in accordance with the framework content provided in annex no. 2.

(4) The project for construction authorization for single-family households in rural areas shall be prepared in accordance with the framework content provided in annex no. 3.

(5) The project for construction authorization shall be further developed and detailed from a technical point of view after issuing the construction authorization, through the technical execution project, on the basis of which construction works may commence.

(6) The commencement of construction works in the absence of the technical execution project is prohibited, except in situations where this code provides otherwise.

(7) In the process of preparing the project for construction authorization and the technical execution project, compliance with specific measures imposed by the opinion or administrative act issued by the competent public authority for environmental protection, if applicable, by the single agreement, as well as by other permits and approvals requested through the urban planning certificate obtained separately from the single agreement is mandatory.

(8) The participation of an architect with signature rights obtained under the conditions of the law is mandatory in the preparation of projects for construction authorization, those subject to the simplified notification procedure and those provided for in art. 299 para. (2) lit. a) point 6.

(9) The preparation and signing of the project for construction authorization and the documentation mentioned in para. (1) by the persons referred to in para. (1) entail their responsibility under the conditions of the law.

Article 265 - Complementary documentation for issuing construction authorization

(1) Complementary documentation includes specialized studies, specific authorizations or permits, requested through the urban planning certificate for construction, whose preparation or obtaining is the responsibility of the applicant for construction authorization.

(2) Complementary documentation may refer to the following depending on the specific nature of the work, without the enumeration being exhaustive:

a) the geotechnical study, including test pits, boreholes and foundation surveys in case of interventions on existing buildings, including the verification report with the requirement "Af";

b) preliminary technical expertise report on the impact on neighbouring properties regarding the fundamental requirement of mechanical resistance and stability, if applicable, and establishing the possibility of construction without affecting neighbouring buildings. The technical expertise may be supplemented, if necessary, after the building permit is issued and immediately before construction work begins, once the design solution has been finalized in the technical execution project or in the event that information is obtained during excavation work that could not be captured initially;

c) technical expertise reports for the fundamental requirements of mechanical resistance and stability and fire safety, as well as for other relevant fundamental requirements, for buildings and/or installations, prepared by certified technical experts presenting the analysis, conclusions and possible intervention/remediation solutions for the building that was the subject of the expertise in the case of interventions on existing buildings;

d) topographic survey prepared in the Stereo 70 coordinate system by persons authorized by the National Agency for Cadastre and Real Estate Publicity and received by the National Agency for Cadastre and Real Estate Publicity through the competent territorial offices and bureaus, indicating the relief, identified by the cadastral number for which the urbanism certificate was issued, described by all the topographic elements determining the area, length of sides, angles, including the position and height at the ridge of adjacent gable walls, as well as the position of fixed and mobile surveying benchmarks, elements of utility networks, underground and aerial, connection chambers and branch connections, electricity and lighting poles, vertically dimensioned fences, trees with relevant dimensions, including the work reception report;

e) report on the minimum requirements for conforming a building with energy consumption close to zero, hereinafter referred to as NZEB Conformity Report or NZEB Report;

f) report on environmental impact or presentation memorandum for projects that have gone through the screening stage of the environmental impact assessment procedure and for which the competent public authority for environmental protection has decided that it is not necessary to proceed with the other stages;

g) in the case of sites located within protected built-up areas or in the case of interventions on historical monuments, the opinion issued by the ministry responsible for culture or specific documentation, respectively the specific historical study for substantiating the intervention or insertion, prepared by persons qualified in accordance with specific legislation, detailed survey, including with damage and deterioration, memorandum with detailed description of the method of conservation and enhancement of the identified cultural resource;

h) in the case of installation of sanitary equipment and installations, the document certifying compliance with applicable standards;

i) in the case of removal of dendrological material, the authorization under special law;

j) in the case of collective residential buildings, documentation on compliance with public health and hygiene standards, including the technical memorandum verified for the fundamental requirement of hygiene, health and environment;

k) in the case of buildings with public access, documentation on compliance with accessibility and safety standards, including the technical memorandum verified for the fundamental requirement of safety and accessibility in operation;

l) in the case of buildings requiring fire safety authorization under special law, documentation on compliance with fire safety standards, including the technical memorandum on meeting the fire safety requirement, which includes the technical elements necessary for issuing the fire safety opinion and which establishes the main design coordinates and which will be developed in the fire safety scenario;

m) traffic study, only in cases justified according to applicable legal provisions;

n) Stereo 1970 coordinates for all corners of the proposed buildings, shown on a plan, as well as in editable .doc or .xls format, for technical documentation subject to the opinion of the Special Telecommunications Service.

(3) Documentation on compliance with public health and hygiene standards, including the technical memorandum verified for the fundamental requirement of hygiene, health and environment prepared within collective residential buildings, includes:

a) location - ensuring sanitary protection zones, ensuring minimum distances between buildings to ensure standard sunlight and natural lighting, minimum distances from waste collection platforms and from spaces arranged for vehicle parking and storage;

b) interior configuration - ensuring standard minimum areas and heights; ensuring standard ventilation and natural lighting.

(4) The project holder ensures that the report on environmental impact and related studies are prepared by experts/specialists whose competence is recognized according to applicable legal provisions.

(5) In the event that environmental impact assessment and/or appropriate assessment is necessary, the competent local public authority is obliged to verify the conformity of the project with the measures imposed by the competent public authority for environmental protection through the regulatory act.

(6) In the case of properties located in Natura 2000 sites or in the case of interventions in protected natural areas, in addition to the impact study or environmental agreement, complementary documentation is requested according to specific legislation.

(7) The traffic study is carried out by specialized personnel according to the regulated framework content and has as its main purpose the estimation of current and prospective traffic flows generated by the proposed investment, evaluation of the impact of the proposed project on the existing transport network, proposals for organization/arrangement of traffic within the new investment in order to connect to the existing network.

(8) The competent public authority verifies the conformity of the project for building authorization with the content of the complementary documentation mentioned in this article.

(9) The responsibility for ensuring the project's compliance with the building authorization requirements and the supplementary documentation mentioned in this article rests with the team of specialists, designers and verifiers, for each specialty separately.

Article 266 - Permits and approvals required for issuing the building authorization

(1) The list of permits and approvals required for issuing the building authorization and executing construction works is established based on the location, complexity, associated risk level and type of construction work, and is communicated to the applicant for the building authorization through the urban planning certificate.

(2) In relation to the provisions of para. (1), the following permits and approvals are requested depending on location, complexity, associated risk level and type of construction work:

a) agreement for connection to the road network;

b) permits or approvals issued by the competent authorities in the field of national interest transport;

c) the permit from institutions within SNAOPSN, for constructions executed in the proximity of special-purpose buildings and/or in their protection zones;

d) specific requirements for zones/properties with restrictions established by special regulations;

e) the location permit for connection/branching to the technical-utility infrastructure, under the conditions imposed by the characteristics and location of technical-utility networks in the location area;

f) the opinion issued by the competent public authority for environmental protection for investments not subject to environmental impact assessment procedures and/or appropriate assessment;

g) the environmental agreement or Natura 2000 permit, for projects that have undergone the appropriate assessment procedure prior to the entry into force of Law no. 292/2018 on the assessment of the impact of certain public and private projects on the environment, issued by the competent public authority for environmental protection;

h) the water management permit issued by the competent water management authority;

i) the Seveso permit issued by the county emergency situations inspectorate in whose area of competence the Seveso location is situated, based on the plan with territorial compatibility zones, prepared according to the Methodology for establishing adequate distances from potential risk sources within locations falling under the provisions of Law no. 59/2016, as subsequently amended, in territorial planning and urban development activities;

j) the fire safety and civil protection permit for the categories of constructions and arrangements established by Government decision;

k) the permit for public health protection;

l) the permit issued by the Ministry of Culture or its deconcentrated public services;

m) the agreement of neighbours/property owners' associations, under the conditions of this code.

(3) The permits mentioned in para. (2) lit. b) are obtained on the basis of the technical execution project, in a differentiated manner in accordance with the procedures provided by special laws, either when requesting the building authorization, for constructions classified in consequence classes CC3 and CC4, as defined in art. 370, or at the notice of commencement of execution works for constructions classified in consequence class CC2, or upon completion of works for intervention works with reduced impact, as defined by this code.

(4) The included permits and approvals are requested by reference to the type of works necessary for the construction, and it is forbidden to request permits/approvals that do not have legal and technical basis in relation to the object of the construction works.

(5) The damages suffered by operators or users of services served by technical-utility networks that have been damaged through the performance of authorized works, as a result of the failure to indicate the exact position of the networks - technical data - by the operators/administrators of the networks are borne entirely by the issuer of incomplete or erroneous permits.

(6) For investments based on a zoning urban plan that regulates in detail the applicant's plot, permits obtained individually or in the form of an integrated single permit at the zoning plan phase remain valid at the building authorization phase, without the need for other permits, if the issuer did not specify in the issued permit the need to return to the next phase of the investment.

Article 267 - Special provisions regarding the issuance of certain categories of permits and approvals

(1) For the execution of construction works concerning exclusively the connection/branching to existing technical-utility networks in the area, the agreement/authorization of the road administrator is issued by the competent local public administration authorities, based on the request submitted by the project beneficiary and taking into account the legal rights enjoyed by the network operator. Building authorizations for the property and the agreement/authorization of the road administrator for utility connection installations are issued simultaneously. The impossibility of issuing an agreement/authorization of the road administrator for the execution of the connection installation to one of the utilities will not prevent the process of issuing the other building authorizations for the property and other utilities.

(2) The issuance of the permit from the deconcentrated services of central authorities regarding public health protection is not necessary for the following categories of works, except for situations expressly provided by law which establish the obligation to prepare a study assessing the impact on public health:

a) works for constructing new single-family dwellings or any kind of intervention works on existing single-family dwellings;

b) works for constructing farm buildings;

c) works for constructing fences;

d) placement of advertising means.

(3) The issuance of the permit from the traffic police and, as the case may be, from the Technical Traffic Commission is not necessary for single-family dwellings or other investments located on category III and IV streets, provided for in art. 9 of Government Ordinance no. 43/1997, approved with amendments and additions by Law no. 82/1998, republished, with subsequent amendments and additions, and which are not in the intersection area with a roundabout or at a distance of less than 25 metres from an intersection or pedestrian crossing and which do not generate excess road traffic, namely fewer than 5 small vehicles per day and without heavy transport vehicles.

Article 268 - Procedure for assessing the impact on the environment

(1) The assessment of the environmental impact of public and private projects that may have significant effects on the environment is regulated by Law no. 292/2018, as subsequently amended.

(2) The issuance of the administrative act by the competent public authority for environmental protection is not necessary for the following categories of works:

a) works for constructing single-family houses or any kind of intervention works on existing single-family houses, if they are not located in protected natural areas or nature reserves;

b) works for constructing farm buildings, except those used for animal husbandry;

c) works for consolidating existing buildings;

d) works for constructing fences;

e) subdivision and consolidation of land.

(3) The specific measures for environmental protection established by the administrative act of the competent public authority for environmental protection shall be taken into account when preparing the project for construction authorization - PAC and cannot be modified through the authorization procedure or through the construction permit.

(4) In the situation where an investment is to be carried out in stages or is to be located on land within the territorial area of several neighbouring administrative-territorial units, the assessment of effects on the environment shall be carried out for the entire investment.

Article 269 - Procedure applicable to the issuance/obtaining of opinions and approvals necessary for issuing the construction permit

(1) The opinions and approvals provided for in art. 266 para. (2), with the exception of those mentioned in lit. f)-h), l) and m), are issued through the Single Agreement Commission in the form of a single agreement, in the situation where the applicant for the permit has opted to obtain them through the Single Agreement Commission.

(2) Documentation signed with a qualified electronic signature obtained under the conditions of art. 12 para. (1) of Government Emergency Ordinance no. 140/2020, approved by Law no. 255/2020, is registered for review through the national platform for urban and territorial planning and construction authorization, with each reviewer provided in the urban planning certificate being notified. Until the platform becomes operational, the documentation is transmitted by electronic mail to all members of the commission.

(3) The opinions and approvals issued through the Single Agreement Commission are issued within 30 calendar days from the date of submission of complete and correct documentation and are forwarded to the secretariat of the single agreement commission.

(4) If, following the analysis of the submitted documentation, it is found to be incomplete, the applicant shall be notified within 5 working days from the date of registration, through the single contact point or by electronic mail.

(5) Following the issuance of all approvals and opinions provided for in para. (1), the Single Agreement Commission issues the single agreement.

(6) Single Agreement Commissions are established and operate at the level of each county, with the mandatory establishment of at least one commission at the level of the county council and at the level of the county seat municipality. Commissions may also be established at the level of municipalities or cities, metropolitan areas or administrative consortiums.

(7) The Single Agreement Commission at the level of the municipality has the authority to review the entire metropolitan territory, including the administrative-territorial units belonging to it. The list of administrative-territorial units included in the metropolitan territory of county seat municipalities and other municipalities is the one established by Annex no. 1 to Law no. 246/2022 on metropolitan areas, as well as for the amendment and completion of certain normative acts, as subsequently amended.

(8) The Single Agreement Commission at the level of the county council has the authority to review the entire territory of the county, with the exception of those territories where Single Agreement Commissions have been established.

(9) In the case of opinions and approvals that are issued independently of the Single Agreement Commission, the public authorities and institutions and issuing entities have the obligation to analyse the submitted documentation and issue opinions/approvals, with or without conditions, within a maximum of 15 days from the date of submission of the request for their issuance by the beneficiary of the documentation, with the following exceptions: (i) in the case of authorities regarding environmental protection, the deadline for issuing the administrative act is a maximum of 15 days from the date of completion of specific environmental procedures;

(ii) in the case of authorities regarding the protection of historical monuments, the deadline is a maximum of 30 days from the date of analysis of the documentation in the National Commission or in the zonal commission of historical monuments or in the National Commission of Archaeology or the National Commission for Public Square Monuments, as appropriate;

(iii) in the case of central public authorities whose procedure established by law involves the analysis of documentation in a specialized commission, the deadline is a maximum of 15 days from the date of analysis of the documentation in the commission;

(iv) in the case of the Romanian Civil Aviation Authority, the deadline is a maximum of 30 days from the submission of the documentation.

(10) In the situation where, as a result of the analysis of the submitted documentation, it is found that clarifications, completions or modifications are necessary, the public authorities and institutions, as well as the entities issuing opinions and approvals, may request the revision/completion of the documentation only once, with sound justification from a scientific, technical or legal point of view, as appropriate, within the deadlines provided for in para. (9).

(11) In the situation of receiving a request for completions/modifications/clarifications, the beneficiary of the works transmits to the entities issuing the requested opinions the response to the request, respectively the specification of the modifications made and the revised documentation, the response to the requested clarifications or, as appropriate, the sound justification from a legal and technical/scientific point of view of not taking into account the observations, within a maximum of 60 days from the date of receipt of the letter through which they are requested, under the penalty of restarting the review procedure, and the documentation is returned to the applicant, upon request in accordance with the law.

(12) The analysis of the response to the requested clarifications/completions/modifications and the manner in which they are taken into account is carried out by the specialized structure within the authority/issuing entity and is no longer subject to a new analysis by the commission.

(13) Within 15 days from the submission by the beneficiary of the requested clarifications/completions/modifications, the entities called upon to issue the requested opinions/approvals have the obligation to:

a) for issuing the permit/approval;

b) for rejecting the documentation if non-compliant aspects with the legal framework or technical errors are identified, with sound justification from a technical, scientific and legal perspective, or if the maximum deadline set out in para. (11) has been exceeded.

(14) If the entities issuing permits/approvals requested through the urban planning certificate do not issue a permit/approval within the deadlines set out in para. (9) or para. (13), as applicable, or do not request clarifications/completions/modifications within the deadlines set out in para. (9), or do not reject with justification within the deadline set out in para. (13), the documentation submitted by the work beneficiary is deemed complete and the permit/approval is deemed granted. Permits/Approvals issued after the beneficiary invokes tacit approval do not produce legal effects.

(15) By way of exception to the provisions of para. (14), documentation submitted for approval to institutions within SNAOPSN cannot be deemed complete and compliant if requests for clarification, modification or completion or permits with or without conditions or a rejection notice are not issued, and permits from these institutions cannot be deemed issued upon expiry of the deadlines regulated by specific procedures, through tacit approval.

(16) If permits/approvals are deemed issued under the conditions of para. (14), the building authorization procedure may continue, the competent authorities having the right to issue the building permit without such permits, based on proof of submission by the beneficiary of the response to the request for modification/completion, clarification and, as applicable, the corrected and completed documentation, as well as a declaration under personal responsibility by which the beneficiary declares that they did not receive any request for clarification, completion or modification, nor any permit with or without conditions, nor a rejection notice, as applicable, before the expiry of the deadlines set out in para. (9), (10) or (13).

Article 270 - Submission of documentation required for issuing the building permit

(1) The documentation required for issuing the building permit is submitted by the applicant for the building permit to the competent public administration authority or the National Single Window within the national urban and territorial planning and building authorization platform, after its operationalization.

(2) The documentation required for issuing the building permit is submitted in written or digital format. The part of the documentation required to be published on the institution's website is submitted mandatorily in digital format.

(3) If the applicant submits the documentation required for issuing the building permit in digital format, it shall be signed with a qualified or advanced professional electronic signature by the applicant, as well as, as applicable, by all specialists provided by law, corresponding to the professional practice right acquired by them, the document having the same legal value as those in written format.

(4) Technical documentation is signed with a qualified electronic signature obtained under the conditions of Government Emergency Ordinance no. 140/2020, approved by Law no. 255/2020.

Article 271 - Clarification or modification of documentation required for issuing the building permit

(1) If, following the analysis of the submitted documentation, the competent public administration authority finds that the documentation is incomplete, requires technical clarifications or modifications, it notifies the applicant in writing, within a maximum of 10 working days from the date of registration of the documentation submitted by them, of all identified deficiencies.

(2) Through the notification provided in para. (1), the competent public administration authority communicates to the applicant the deadline granted for the preparation, submission and registration of the necessary modifications/completions, which cannot exceed 3 months from the date of receipt of the notification.

(3) The deadline provided in para. (2) does not apply if the modification or completion concerns acts of authority issued by the competent public authorities for environmental protection, in which case the public administration authorities set a deadline that allows the applicant to obtain the notified completions or modifications, in accordance with the special law on environmental protection.

(4) The notification provided in para. (1) may be transmitted to the applicant in digital format and through the National Single Window.

(5) Submission of the documentation requested through the notification provided in para. (1) may be carried out in written or digital format and through the National Single Window.

Article 272 - Consultation with the public administration authority issuing the building permit

(1) Through the notification provided in art. 281 para. (1), the competent public administration authority may invite the applicant for the permit to its office, for the purpose of consulting them and establishing all documents, information and completions necessary for issuing the permit.

(2) The applicant has the possibility, as a result of the notification provided in para. (1), to request on their own initiative consultation with the competent public administration authority regarding the content of the notification transmitted.

(3) The consultation takes place within a maximum of 10 working days from the date of receipt of the notification provided in para. (1) or from the date of the consultation request made by the applicant.

(4) The setting of the deadline for completion/modification of the documentation is carried out in accordance with the provisions of art. 281.

(5) Consultation takes place only in situations where the documents, information and completions necessary to the public administration authority concern the substance of the documentation.

(6) For the situation where clarifications, completions and modifications concern formal aspects of the documentation, such as material errors or omissions, the applicant for the permit submits or uploads directly to the National Single Window the documents, information and completions necessary to the local public administration authority, without the consultation provided in para. (5) being necessary.

(7) The provisions of art. 281 para. (4)-(5) remain applicable.

Article 273 - Issuance of the building permit

(1) Within a maximum of 30 calendar days from the submission of the complete documentation required for issuing the building permit, the competent public administration authority under the law issues the building permit.

(2) By way of exception to the provisions of para. (1), at the request of beneficiaries, building permits shall be issued on an urgent basis within up to 7 working days. In this situation, the local public authority may collect a special fee in accordance with art. 484 of Law no. 227/2015, as subsequently amended and supplemented. The building permit may be transmitted to the applicant in digital format and through the National Single Window.

(3) If the applicant opts for obtaining the final single agreement through the Single Agreement Commission, the 30 calendar days deadline provided for in para. (1) shall be calculated from the date of issuance of the single agreement.

(4) The building permit shall be issued exclusively on the basis of complete documentation prepared and submitted in accordance with this code, either in physical format, signed in handwriting, or in digital format, signed with professional digital signatures.

(5) In the event of incomplete documentation within the deadline established pursuant to art. 271 and art. 272, the documentation submitted for the issuance of the building permit shall be transmitted to the applicant in written format or by electronic mail or through the National Single Window, with an invitation to withdraw the submitted documentation for the issuance of the building permit and information that the documentation may be completed and resubmitted during the validity period of the urbanism certificate.

(6) The building permit shall be signed by the president of the county council or by the mayor/general mayor or by their authorized representatives, as the case may be, by the general secretary and by the chief architect or by the person responsible for the authorization of construction/demolition works from the apparatus of the issuing public administration authority, as well as by the person designated to draw up the building permit.

(7) The opinions and agreements issued for the issuance of the permit, including the single agreement, as well as the opinion or administrative act of the competent public authority for environmental protection shall be annexed to the building permit and become part of it.

(8) The responsibility for issuing the building permit rests with the signatories, in accordance with their duties as per para. (6).

Article 274 - Authorization of construction works on historic monument properties and within protected built-up areas

(1) The issuance of the building permit for works executed on all categories of historic monuments established in accordance with Law no. 422/2001 on the protection of historic monuments, republished, as subsequently amended and supplemented, in accordance with the updated List of historic monuments, including their annexes identified in the same property - land and/or buildings, in the protection zone of historic monuments and in protected built-up areas, on buildings located in protection zones of monuments and in protected built-up areas, established in accordance with the law, or on buildings of special architectural or historical value, established through approved urbanism documentation, shall be carried out with the mandatory opinion of the Ministry of Culture or its deconcentrated public services, as the case may be.

(2) In the case of new buildings located in protected built-up areas or in protection zones of historic monuments, the opinion provided for in para. (1) shall be issued on the basis of specific documentation presenting the impact of the new building on the cultural resource in the vicinity of the property and the visual effect on possibly affected historic monuments, visibility relationships and with visibility, in accordance with special law.

(3) The Ministry of Culture or its deconcentrated public services have the right to reject the issuance of the opinion or to condition its issuance on the modification of the proposed solution and the redrafting of the PAC in the event that the proposed dimensions, architecture, external appearance or location of the new building is likely to alter the character of the area, the landscape, the cultural resource materialized in the area, valuable perspectives or the legitimate interests of the neighbourhoods.

(4) By way of exception to paras. (1)-(3), for new engineering works authorized by the ministry responsible for transport, an initial preliminary opinion shall be issued prior to authorization, with the final opinion to be obtained by the time the works commence.

(5) The opinion of the Ministry of Culture or its deconcentrated public services shall also be issued for intervention works on existing buildings, works for the implementation of arrangements, as well as for demolition works, in accordance with the law.

(6) Works provided to be carried out without any formality are permitted in protected built-up areas only when the local urbanism regulation provides for this.

(7) Non-compliance with the provisions of para. (6) leads to the application of contravention sanctions in accordance with the provisions of art. 367 and the demolition of the building by the competent public administration authority, under the conditions of the law.

Article 275 - Rejection of building permit issuance

(1) The competent public administration authorities in accordance with the law may reject the issuance of the building permit or may condition its issuance on the modification of the proposed solution and the redrafting of the project for building authorization in the event that the proposed solution does not comply with the approved urbanism regulations, the provisions of the opinions/single agreement or violates the provisions of this code.

(2) In the event of rejection of the request for issuance of the building permit, the competent public authorities shall issue the administrative act rejecting the authorization request, presenting the legal and factual reasons that led to the rejection of the authorization request.

(3) The demolition permit may be refused if the work in question is likely to compromise the protection or enhancement of natural and/or cultural heritage.

Article 276 - Preparation of the technical execution project

(1) For construction works requiring a building permit, the technical execution project shall be prepared by developing and detailing the technical documentation that formed the basis for the issuance of the building permit.

(2) The technical execution project shall be prepared by specialized technical teams, in accordance with the competencies established by law for the preparation of technical documentation for the authorization of construction works, as well as by other professionals, depending on the specifics of the building and related installations.

(3) The commencement of construction works without obtaining the necessary agreements and opinions is prohibited.

Article 277 - Verification of the technical execution project

(1) The technical execution project shall be verified in accordance with art. 519 and applicable legal regulations.

(2) The technical execution project for construction works for which the competent public authority for environmental protection has assessed the environmental effects and issued the administrative act shall be verified as mandatory for the fundamental requirement "hygiene, health and environment".

(3) In the event that, after the issuance of the administrative act by the competent public authority for environmental protection and before the submission of documentation for authorization of construction works execution, the investment objective undergoes modifications that were not subject to environmental impact assessment, these shall be noted by the certified project verifier for the fundamental requirement "hygiene, health and environment" in the technical documentation verification report for the investment, and the authorization holder is obliged to notify the competent public authority for environmental protection that issued the act regarding these modifications, in accordance with special law.

(4) The technical execution project for thermal rehabilitation works or works to increase energy performance of buildings shall be verified as mandatory for the fundamental requirement "energy efficiency and thermal insulation" and for the fundamental requirement fire safety.

(5) The obligation to ensure verification of the technical execution project rests with the beneficiary or developer of the investment objective, as applicable.

Article 278 - Commencement of construction works execution

(1) Commencement of construction works execution is permitted only after the issuance of authorizations and exclusively on the basis of a technical execution project prepared and verified in accordance with the law, as well as execution details, where these are mandatory.

(2) Execution of construction works, including those not subject to authorization, shall be carried out in all cases in compliance with applicable special legal provisions on construction quality, as well as in accordance with applicable urban planning regulations.

(3) The construction authorization holder, with the exception of institutions from SNAOPSN, notifies the public administration authority that issued the construction authorization and I.S.C. regarding the date of commencement of works.

(4) The notification provided in para. (3) is transmitted in digital or written format.

(5) Together with the notification regarding commencement of works, the construction authorization holder, through the chosen specialty designer, introduces into the National Register of Constructions, electronically signed:

a) the technical execution project accompanied by verification reports;

b) the construction authorization, opinions and approvals obtained.

(6) At the latest on the date of commencement of works, the construction authorization holder is obliged to place at a visible location the investment identification panel, whose content is established by order of the minister responsible for territorial planning, urbanism and construction.

Article 279 - Execution of building construction works

(1) Building construction works shall be executed by contractors or by own means. Works may be executed by own means only for single-storey dwellings in rural areas, garages, terraces and single-storey farm annexes, with the execution by own means of other categories of buildings being prohibited, regardless of consequence class.

(2) For the execution of building construction works, it is mandatory to conclude insurance policies, according to the responsibilities of each party, by the work beneficiary, developer, designer, technical expert, project verifier, technical manager of execution, site manager and contractors in accordance with the law.

(3) By exception to the provisions of para. (2), insurance for the beneficiary is not mandatory in the event that the beneficiary is also the end user of the construction executed for individual/single-family dwelling purposes.

(4) The exception provided in para. (3) applies for a single individual/single-family dwelling of the beneficiary, only once.

Article 280 - Completion of construction works execution

(1) Authorized construction works are considered completed if all elements provided in the construction authorization/modification/regularization, as applicable, and in the technical execution project have been executed and reception upon completion of works has been performed.

(2) Performance of reception upon completion of works is mandatory for all types of authorized constructions, executed on the basis of the simplified notification procedure, including in the event of execution of these works by own means.

(3) Reception upon completion of works is performed in compliance with the reception regulation, with mandatory participation of the representative of the construction authorization issuer. For national interest transport infrastructure projects, the representative of the construction authorization issuer has the status of invited member in the reception committee.

(4) Natural and legal persons executing construction works are obliged to permit access to the construction site by control bodies authorized in the field of construction works execution authorization, as well as in the field of construction quality, both during works execution and upon their completion.

(5) Natural and legal persons executing construction works are obliged to present to the control bodies provided in para. (4) the technical execution project, the actual executed project, the opinion for conformity with the authorization prepared and endorsed by the designer, as well as all documents and acts requested by the control bodies.

(6) Until completion of works executed in accordance with the technical project and construction authorization, partial reception minutes or/and minutes on physical execution stages may be drawn up, respectively a statement minute regarding the construction execution stage.

(7) Works executed on the basis of different execution contracts may be received as completed, provided they have as object works authorized through the same construction/demolition authorization.

(8) Constructions executed without construction authorization or in non-compliance with its provisions cannot be received, and those for which reception upon completion of works has not been performed are not considered completed.

(9) From the date of completion of construction works until the reception upon completion of works, the applicant for the authorization has the obligation to settle with the authority issuing the construction authorization the value of the authorized works and the legal fees due for state control in territorial planning, urbanism and construction.

(10) The holder of the construction authorization notifies the issuing authority regarding the date of completion of works. The notification is sent in digital format or in writing.

(11) The competent authorities notified regarding the completion of works transmit in electronic copy the notification of completion of works, the reception report upon completion of works, as well as the notification of the final value of construction works to I.S.C.

Article 281 - Construction authorization for intervention works on existing buildings

(1) The construction authorization for intervention works is the individual administrative act that permits the execution of intervention works on existing constructions.

(2) The process of authorizing intervention works on existing buildings is carried out according to the process of authorizing construction works, to which are added the specific particularities applicable to intervention works on existing constructions.

Article 282 - Project for authorizing intervention works on existing buildings

(1) The project for authorizing intervention works contains the same written and drawn parts as the project for authorizing construction in the case of new buildings, to which are added, as appropriate:

a) detailed survey of the existing building;

b) technical expertise report/reports or technical note issued by an accredited technical expert for certain fundamental quality requirements in construction relevant to the project specifics;

c) diagnostic analysis of the existing building showing how the building meets the intended function and how it ensures compliance with applicable quality requirements.

(2) In the case of interventions carried out exclusively in the interior of buildings involving interior architecture works, design works are elaborated by architects or interior architects with signature rights obtained under the law, as well as by structural design engineers, by installation engineers for the specific installation project parts, as well as by engineers from other relevant fields in relation to the project specifics. Interior architecture interventions represent interventions carried out in the interior spaces of a building, that is, spaces enclosed perimetrically with walls and covered with slabs, roof trusses or other covering systems.

(3) In the case of interventions for landscaping consisting only of green space arrangements, design works may also be elaborated by landscape architects or landscape urbanists in accordance with the associated competence provided by law, alone or together with specific installation design engineers, when applicable.

Article 283 - Construction authorization for urgent intervention works

(1) In compliance with legislation on the assessment of the impact of certain public and private projects on the environment, in the case of buildings and infrastructures presenting public danger that seriously affects public safety, established through technical expertise report, technical justifying note prepared by an authorized accredited technical expert or calamity report, the construction authorization for the execution of urgent intervention works is issued immediately.

(2) Urgent intervention works consist, mainly, of supports for damaged structural/non-structural elements, partial demolitions and consolidations to the load-bearing structure, mandatory in cases of damage, technical accidents, calamities or other events of exceptional character.

(3) Consolidation works on buildings classified, through technical expertise report or through technical justifying note, in seismic risk class I and presenting public danger are authorized in urgent regime, without the collection of any fee.

(4) In the case of constructions presenting public danger, for the purpose of issuing the construction authorization for urgent intervention works, the competent public authorities for environmental protection issue the opinion or the related administrative act, in urgent regime.

(5) By exception to the provisions of para. (1), in the case of historic monument constructions and constructions with architectural or historical value established through approved urbanism documentations, the construction authorization for the execution of urgent intervention works is issued based on the written agreement of the Ministry of Culture or its deconcentrated public services, as appropriate.

(6) The written agreement provided in para. (5) is issued within a maximum of 5 working days from the date of submission of complete documentation, and after exceeding this period it is considered that the notified works benefit from tacit agreement.

(7) The procedure and format of the request for issuing the written agreement provided in para. (5) are established by order of the minister of culture.

Article 284 - Authorization of intervention works on historic monument properties and protected built areas

(1) The issuance of construction authorization for intervention works on all categories of historic monuments established according to special law, according to the updated List of historic monuments, including their annexes identified in the same property - land and/or constructions, in the protection zone of historic monuments and in protected built areas, established according to law, archaeological sites, or on constructions with outstanding architectural or historical value, established through approved urbanism documentations, is carried out with the opinion of the Ministry of Culture or its deconcentrated public services, as appropriate.

(2) The opinion of the Ministry of Culture or its deconcentrated public services, for intervention works, is issued when the situation requires it and for decommissioning works, according to the provisions of Law no. 422/2001, republished, with subsequent amendments and additions.

(3) The following intervention works that do not modify the load-bearing structure and/or architectural appearance of buildings located in monument protection zones or in protected built-up areas, which are not classified historical monuments or in the process of classification, or if they do not represent buildings with architectural or historical value, established through approved urban planning documentation, may be executed without a building permit:

a) repair and/or maintenance works on existing buildings, which do not affect the volume, shape of the building and facade decoration and which do not represent extensions, demolitions or structural modifications;

b) interior repair works on plaster, whitewashing, painting, cladding, as well as replacement of interior joinery, while preserving the size of the openings;

c) repair and replacement works on flooring;

d) repairs or replacements of interior installations;

e) repairs and replacements of heating stoves and associated chimneys, while preserving their shape, dimensions and materials;

f) repairs to fencing, roofs, roof coverings or terraces, pavements, retaining walls or access stairs, when their shape and the materials from which they are made are not changed;

g) modifications of non-structural, demountable partitions, made from lightweight materials and which do not modify the interior spatial concept;

h) installation of specific fire prevention and extinguishing systems, in order to obtain fire safety authorization;

i) installation, modification or replacement of radio access points with restricted coverage area that comply with the physical and technical characteristics established by Commission Implementing Regulation (EU) 2020/1.070 of 20 July 2020 specifying the characteristics of radio access points with restricted coverage area pursuant to Article 57(2) of Directive (EU) 2018/1.972 of the European Parliament and of the Council establishing the European Electronic Communications Code, including the connection to the electricity network and connection of the access point to a public electronic communications network.

(4) The repair works provided for in paragraph (3) letter a) include:

a) investigation, research, expert assessment, conservation and restoration works of artistic components of buildings, with the approval of the competent central public administration authority in the field of cultural heritage protection or its deconcentrated services, as appropriate;

b) minor repair works on exterior finishes provided that the material, colour and texture of the finish are preserved;

c) works to standardize the colour and texture of exterior finishes, in cases where the appearance has been damaged by multiple repair interventions;

d) repairs/replacements of exterior joinery, provided that the material, shape, dimensions of the openings and joinery are preserved.

(5) In the case of historical monument buildings and buildings with architectural or historical value established through approved urban planning documentation, the works provided for in paragraph (4) may be executed only with prior notification to the local public administration authority and the deconcentrated service of the competent central authority in the field of cultural heritage protection and based on the written agreement of this deconcentrated service which contains the conditions and deadlines for executing the works or, as appropriate, the need to follow the authorization procedure for such works.

(6) The written agreement provided for in paragraph (5) shall be issued within a maximum of 60 calendar days from the date of submission of the complete documentation, and after this deadline is exceeded, the notified works are deemed to have tacit approval.

(7) The procedure and form of notification and, respectively, issuance of the written agreement provided for in paragraph (6) shall be established by order of the Minister of Culture.

Article 285 - Execution of intervention works

(1) Intervention works shall be executed by contractors or in-house on the basis of a technical project verified under the law for fundamental quality requirements. Only current maintenance and repair works may be executed in-house, and the execution in-house of other types of interventions on existing buildings is prohibited, regardless of their consequence class.

(2) Intervention works shall be executed on the basis of technical expert reports prepared by technical experts certified for relevant fundamental quality requirements and, as appropriate, on the basis of an energy audit prepared by a certified building energy auditor that substantiates the design and execution process. The performance of an energy audit is not necessary in the case of emergency intervention works.

(3) In order to carry out intervention works, the beneficiary, developer, designer and contractors are obliged to conclude insurance policies, under the conditions of the law. Beneficiaries of national interest transport infrastructure works are exempt from the provisions of this paragraph.

(4) In the case of interventions on buildings intended for personal/single-family residential use, the beneficiary of the building is not obliged to conclude the insurance provided for in paragraph (3), in the situation where the beneficiary is also the end user of the building intended for individual/single-family residential use.

(5) The provisions of paragraph (4) apply for a single intervention carried out on a building intended for individual/single-family residential use.

Article 286 - Building permit for landscaping works

(1) The building permit for landscaping works is an individual administrative act that permits the execution of works, installations and landscaping that affect land use on the basis of a technical execution project.

(2) The building permit for landscaping works is issued only if the planned works are carried out in accordance with urban planning regulations and comply with all conditions imposed by the configuration and characteristics of the site, admissible use, materials and applicable technology, dimensions, sanitary standards, conditions for ensuring utilities, environmental protection.

(3) The issuance of a construction permit for landscaping works may be refused or modification of the proposed solution may be requested and the authorization project may be redone if, through the dimensions or types of works proposed, the intended use, architecture, external appearance, location, or new proposed landscaping violates the approved urban planning regulations or applicable legislative norms.

(4) In case of refusal of the request for issuance of a construction permit for landscaping works, the competent public administration authorities shall issue an administrative act refusing the authorization request, presenting the reasons that led to the refusal of the authorization request.

(5) In case of a request to modify the solution, this shall be established together with the applicant and the designer during the consultation session to which they are convened by the competent public administration authority, in accordance with the provisions of this code.

(6) In case landscaping works also involve the demolition of existing structures on the site, the permit shall be requested and issued for both landscaping works and demolition works.

(7) In case adjacent construction works are also intended alongside the landscaping works, the permit shall be requested and issued for both landscaping works and construction works.

(8) In case of landscaping works that are subject to notification or that can be carried out without a permit, compliance with urban planning regulations and applicable technical norms is mandatory.

(9) Construction permits for intervention works cannot be issued for the execution of temporary landscaping works.

(10) Authorization of landscaping works shall be carried out in accordance with the provisions of art. 249, to which are added the specific particularities applicable to landscaping works.

Article 287 - Documentation submitted for the issuance of a construction permit for landscaping works

The documentation submitted for the issuance of a construction permit for landscaping works shall include at least the following:

a) the request for the issuance of a construction permit;

b) the opinion or administrative act of the competent public authority for environmental protection, if applicable;

c) an updated cadastral plan extract no older than 30 days from the date of submission and a land register information extract no older than 30 days from the date of submission, unless the law provides otherwise, or, as the case may be, documents attesting the right of ownership of the property or another real right or claim right that permits construction held by the applicant or documents attesting the holding of another right on the basis of which its holder may request the issuance of a construction permit, under the conditions provided in art. 259;

d) proof of payment of the fees for the landscaping permit and the architecture stamp fee, if applicable;

e) proof of registration of the project by the Order of Architects of Romania;

f) the project for authorization of the landscaping;

g) complementary documentation necessary to obtain approvals and permits through the Single Approval Commission or approvals obtained independently;

h) complementary documentation necessary in case construction and/or demolition works are also proposed in accordance with applicable legal provisions.

Article 288 - Request for the issuance of a construction permit for landscaping works

(1) The request for the issuance of a construction permit for landscaping works shall include the following information:

a) the applicant's identification data;

b) mention of the right on the basis of which the request is made;

c) the location of the property and the area subject to the works;

d) the identification data of the property on the surface of which the works will be carried out;

e) the identification data of the architect/engineer author of the project for authorization of the landscaping works.

(2) The request for the issuance of a construction permit for landscaping works shall include a declaration on the applicant's own responsibility regarding:

a) the accuracy of the data entered in the request and in the documentation submitted for the issuance of the construction permit;

b) compliance with the construction permit and the assumption of developing an execution technical project that will form the basis for the execution of the constructions;

c) compliance with applicable urban planning regulations, the provisions of the execution technical project, verified by project verifiers certified under the law and endorsed by technical experts where applicable, concerning accessibility standards and fire safety provisions;

d) compliance with the provisions of the execution technical project, verified by project verifiers certified under the law and endorsed by technical experts where applicable, concerning legislation on the resistance and stability of constructions, as well as that concerning the safety of persons.

Article 289 - Complementary documentation in case of a construction permit for landscaping works

(1) Complementary documentation includes specialized studies, authorizations or specific approvals and permits, the preparation or obtaining of which is the responsibility of the applicant for the construction permit for landscaping works.

(2) Complementary documentation may refer to the following, depending on the specifics of the work, without the enumeration being exhaustive:

a) geotechnical study;

b) geotechnical expertise, in case the excavation necessary for landscaping exceeds a depth of 6 m measured from the natural ground level, in case landscaping is carried out on difficult foundation terrain on slopes and with landslide potential, in case landscaping involves the construction of retaining walls with a height greater than 3 m. In the situation where geotechnical expertise recommends the construction of elements for supporting slopes, for improving the foundation terrain, for the authorization of landscaping works a geotechnical and structural study is presented that describes the designed solution in principle, without detailing;

c) dendrological study, in case of green space landscaping or planted areas, identification of monumental trees;

d) topographic study, indicating the elements of utility networks, underground and overhead, connection and branching chambers, electricity and lighting poles, fencing, roads and paths, including curbs, with vertical elevations, trees with relevant elevations, as applicable;

e) in case of removal of dendrological material, the authorization issued according to the special law;

f) in case of sites located within historical monuments, historical monument protection zones, protected built-up areas, archaeological sites or properties established with cultural value through urban planning documentation, the opinion issued by the ministry responsible for culture or by its deconcentrated services;

g) in case amenities are carried out on difficult terrain, susceptible to landslides, where retaining walls, slope arrangements, other temporary or permanent structures are built, a schematic geotechnical/structural project shall be presented indicating the position, dimensions and characteristics of the elements being arranged, if applicable;

h) specific documentation for obtaining opinions and approvals through the Single Agreement Commission;

i) in case of construction works adjacent to landscaping works, the project for authorizing construction;

j) in case of demolition works adjacent to landscaping works, the project for authorizing demolition.

(3) The project holder ensures that the environmental impact report, the appropriate assessment study, the safety report, the assessment study of the impact on water bodies are prepared by experts whose competence is recognized according to the special law.

(4) Where environmental impact assessment is required, the competent public authority to issue the construction authorization for landscaping works is obliged to verify the project's compliance with the measures imposed by the competent public authority for environmental protection through the act issued by it.

(5) In case of campsites, holiday camps or event tents, the documentation provided by this article is supplemented with:

a) technical memorandum specifying traffic organization, evacuation and access, measures taken to limit the visual impact of equipment and installations, ensuring landscape integration, the seasonal operating period of the created facility. The technical memorandum describes the manner of compliance with environmental and sanitary standards for situations where an environmental impact study and/or environmental agreement are not/is necessary, according to the special law;

b) overall plans/by sections, images regarding the placement and organization.

(6) The competent public administration authority verifies the compliance of the landscaping authorization project with the documentation mentioned in this article.

(7) The responsibility for ensuring the compliance of the landscaping authorization project with the complementary documentation mentioned in this article rests with the team of specialist developers and reviewers, for each specialty separately.

Article 290 - Landscaping Authorization Project

(1) The landscaping authorization project is developed by technical specialist teams formed of specialists depending on the specifics of the works to be authorized, architects, landscape architects or engineers, and is endorsed and signed by them.

(2) The development of the landscaping authorization project is carried out in compliance with all applicable urban planning regulations and applicable technical design standards.

(3) In case of landscaping works consisting only of green space arrangements, design work may also be developed by landscape architects, in accordance with the associated competence provided in special laws.

(4) The landscaping authorization project is developed in accordance with the framework content provided in annex no. 4.

Article 291 - Authorization for Execution Organization Landscaping

(1) The authorization for execution organization landscaping is issued for temporary preparatory works necessary to ensure the execution technology of the investment objective, both on the property related to the investment objective and on spaces temporarily occupied outside it.

(2) For works related to transport infrastructure of national interest, the authorization for execution organization landscaping is issued by local public authorities.

(3) The authorization for execution organization landscaping may be requested either together with the construction authorization or separately, by the general contractor.

(4) The documentation for authorizing execution organization landscaping includes:

a) technical memorandum;

b) situation plan;

c) the opinion issued by the competent authority regarding road administration or complementary documentation regarding public domain occupation, if applicable, for obtaining the opinion through the Single Agreement Commission.

(5) The technical memorandum includes:

a) description of temporary works: site organization, the manner of placement of buildings, arrangements and material deposits;

b) provision and procurement of materials and equipment;

c) provision of temporary connection to the urban utilities network in the site area for which technical sheets will be completed to obtain the single agreement;

d) accesses and fencing;

e) clarifications regarding occupational safety;

f) waste collection provision;

g) measures taken for the protection of existing vegetation;

h) deforestation and replanting plan, if applicable.

(6) The situation plan illustrates the placement of the investment project objectives in constructions, the placement of the investment project in constructions and all temporary arrangements and constructions necessary for its implementation.

(7) The general conditions imposed for site organization, including through environmental agreement, are fully respected in the stage of developing the authorization for site organization landscaping.

Article 292 - Implementation of Landscaping Works

(1) Landscaping works are carried out only following the development of the technical execution project prepared by design specialists, in accordance with the law and respecting all applicable regulations in force.

(2) Landscaping works are carried out by contractors or in-house based on a technical project verified under the conditions of the law for fundamental requirements.

(3) In order to carry out the works, the beneficiary, developer, designer and contractors are obliged to take out insurance in accordance with the law. The beneficiaries of national interest transport infrastructure works are exempt from the provisions of this paragraph.

(4) In the case of works for organizing the execution of individual/single-family housing construction with individual access and plot, where the beneficiary is also the end user of the constructed building, the beneficiary of the construction is not obliged to take out the insurance provided for in para. (3).

(5) The provisions regarding the commencement and completion of new building construction works shall apply accordingly.

Article 293 - Modification Permit

(1) In case of changes to the scope of authorized construction works, which require modification of the building permit, the holder of the building permit is obliged to request the issuance of a modification permit.

(2) The request is submitted to the competent public administration authority that issued the building permit, prior to the commencement of the modification works.

(3) The modification permit may be requested only within the validity period of the building permit, the date of commencement of the works being considered the date of its issuance.

(4) In the event that, following the verification of the scope changes within the limits of the opinion or administrative act issued by the competent public authority for environmental protection, if applicable, as well as the opinions and approvals issued for the issuance of the building permit, it is found that the scope changes fall within the limits of the aforementioned acts, opinions and approvals, including applicable urban planning regulations, the competent public administration authority shall issue the modification permit.

(5) In order to issue the modification permit, the holder of the building permit shall submit an updated building authorization project, in which the proposed scope changes shall be represented.

(6) In the event that the scope changes do not fall within the limits of the acts, opinions and approvals provided for in para. (4) or applicable urban planning regulations, the authorization process for construction works shall be restarted in accordance with art. 249, and the issuance of the modification permit shall not be possible.

(7) The issuance of the modification permit determines the cessation of the validity of the building permit initially issued for the modified elements, the construction works for the modified elements to be executed in accordance with the provisions of the modification permit, within the validity period of the initial building permit.

(8) By way of exception to the provisions of para. (1), on the basis of a site order, local modifications of the technical solutions from the authorized technical documentation - T.D. may be admitted without issuing a new modification permit. The performance of local modifications of technical solutions by site order is conditioned by the prior elaboration thereof by the designer, in accordance with the provisions of this code.

Article 294 - Notification of local public administration authorities in the case of construction works that can be executed based on the simplified notification procedure

(1) In order to accelerate the procedures for implementing investments, construction works can be executed based on a project prepared by teams of architects, construction engineers and installation design engineers, as well as other types of engineers depending on the specifics of the projects, each specialist preparing the project only according to the competencies acquired in accordance with the law in the fields of study, with compliance with the legislation on construction quality and the studies completed, local urban planning regulations, based on the simplified notification procedure.

(2) Construction works that can be executed based on notification transmitted to the competent local public administration authorities to issue building permits, in compliance with applicable urban planning regulations, are the following:

a) execution of new constructions outside protected areas and areas of protection of historical monuments, only in rural areas, within town limits and in compliance with approved urban planning documentation, as follows: (i) new buildings/constructions external to single-family dwellings, such as garages, covered terraces, pergolas, summer kitchens, kiosks, swimming pools, sanitary facilities and similar, which do not exceed cumulatively 50 sqm, including those under 20 sqm built with foundation, with permanent, non-removable character, located in rural areas, with the exception of rural localities in metropolitan areas;

(ii) a single single-family dwelling with individual access and plot, ground floor or basement and ground floor, without basement, with a maximum built-up area of 150 sqm, in the town limits of rural areas, in compliance with the applicable urban planning regulation, exclusively for dwellings built based on standard projects made available by central or local public authorities, resulting from solution competitions organized in accordance with the methodology developed by the Ministry of Development, Public Works and Administration in partnership with the Order of Architects of Romania or based on individual projects prepared by specialized technical teams, composed of architects with signature rights and structural design engineers and installation designers, in compliance with the Architecture Guide for fitting into the specifics of the rural environment, developed by the Order of Architects of Romania, approved by the county chief architect;

b) execution of interventions on existing constructions outside protected built areas and areas of protection of historical monuments, as follows: (i) construction of new fences by demolishing existing ones only in compliance with applicable urban planning regulations;

(ii) replacement of the existing roof in the same form or by reconfiguration and raising by a maximum of 0.50 m and only if the height at the eaves and ridge falls within the maximum height allowed by the applicable urban planning regulation;

(iii) attic conversion works in existing roof spaces, including provision of vertical circulation in single-family dwellings, without modifications to the overall volumetry of the building, only if no building consolidation measures are required;

(iv) kitchen renovation and extension, bathroom renovation and extension, unified closure of loggias and balconies in apartment buildings;

(v) interior partition modifications/remodelling of non-structural interior or exterior walls, if the size of the dwelling is not modified for single-family houses;

(vi) facade remodelling, only if these do not have a structural load-bearing role;

(vii) unified energy rehabilitation works of the envelope and/or roof - if the constructive system is not changed, namely flat roof/pitched roof - for individual residential buildings with a maximum of 3 storeys;

(viii) interior, non-structural, demountable partition modifications, made from lightweight materials, only if the length and/or dimensions of evacuation routes or the operation of installations with a role in ensuring fire safety or the degree of fire resistance/stability level of the construction are not/is not affected;

(ix) change of use, only in the situation where its implementation does not require construction/demolition works for which the law provides for the issuance of a construction/demolition permit and only in compliance with the provisions of approved urban planning documentation for commercial or office functions with public access;

(x) extensions or changes of use of rooms belonging to existing buildings for the purpose of arranging sanitary facilities or technical rooms with a maximum area of 25 sqm;

(xi) periodic maintenance works and current repairs to utility network infrastructure and related installations.

(3) Construction works may be executed on the basis of prior notification to the local public administration authority and the deconcentrated service of the competent central authority in the field of cultural heritage protection and on the basis of the written agreement of this deconcentrated service which contains the conditions and deadlines for execution of the works, only for the following categories of construction works carried out on constructions located in the protection zone of monuments or in protected built-up areas, which are not classified historical monuments or which are in the process of classification, or if they do not represent constructions with architectural or historical value, established through approved urban planning documentation:

a) repair and/or maintenance works on existing constructions, which do not affect the volume, shape of the building and facade decoration and which do not represent extensions, demolitions or structural modifications: (i) investigation, research, expertise, conservation and restoration works of artistic components of constructions, with the approval of the central public administration authority competent in the field of cultural heritage protection or its deconcentrated services, as appropriate;

(ii) minor repair works on exterior finishes, provided that the material, colour and texture of the finish are preserved;

(iii) works to standardise the colour and texture of exterior finishes, in cases where the appearance has been deteriorated by multiple repair interventions;

(iv) repairs/replacements of exterior joinery, provided that the material, shape, dimensions of openings and joinery are preserved;

b) interior repair works on plaster, whitewashing, painting, cladding, as well as replacement of interior joinery, while preserving the size of the openings;

c) repair and replacement works on flooring;

d) repairs or replacements of interior installations;

e) repairs and replacements of heating stoves and their associated chimneys, preserving their shape, dimensions and materials;

f) repairs to fencing, roofs, roof coverings or terraces, pavements, retaining walls or access stairs, when their shape and the materials from which they are made are not changed;

g) modifications of non-structural, demountable partitions, made from lightweight materials and which do not modify the interior spatial concept;

h) change of use, only in the situation where its implementation does not require construction/demolition works for which the law provides for the issuance of a construction/demolition permit, in compliance with the provisions of approved urban planning documentation;

i) intervention works for the purpose of implementing measures required in accordance with current fire prevention and extinguishing legislation, namely the execution of specific fire prevention and extinguishing installations, in order to obtain fire safety authorisation.

(4) Development works that may be executed on the basis of prior notification to the competent local public administration authorities are:

a) creation of campsites or holiday camps from light construction for a maximum of 20 persons provided that access to local public utilities is ensured: water, sewerage, electricity, sanitation and others;

b) increasing the capacity of a campsite or summer camp to accommodate an additional maximum of 20 persons provided that access to local public utilities is ensured: water, sewerage, electricity, sanitation and others;

c) modification works carried out in an existing campsite or holiday village: 1.

accesses;

roads;

parking;

fencing;

lighting;

sanitary facilities;

d) sports field development without public;

e) amusement park or sports games development with seasonal or temporary character on surfaces of at most 2 hectares;

f) public spaces development outside protected built-up areas;

g) facade gardens development outside protected built-up areas;

h) pavements, retaining walls or access stairs, exterior terraces within protected built-up areas, provided that the Ministry of Culture is notified;

i) works for planting protective forest belts and afforestation on degraded land where forest vegetation previously existed;

j) underground and above-ground funeral constructions, with the approval of the cemetery administration, and with the approval of the minister of culture in the case of cemeteries listed on the historical monuments list or containing memorial and funeral monuments listed on the historical monuments list or in identified archaeological sites;

k) access ramps for persons with disabilities, in accordance with Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and additions and with applicable standards.

(5) The execution of construction works provided for in paragraphs (2), (3) and (4), on the basis of notification, shall be carried out in compliance with applicable legal provisions on quality in construction, specific legislation on environmental impact assessment and appropriate assessment, approved urban planning documentation, as well as applicable legal provisions on the protection of cultural heritage.

Article 295 - Procedure for submitting the notification

(1) Notification of the execution of construction works shall be made in all cases prior to the commencement of the execution of the works.

(2) The notification shall be completed and submitted by the holder of a principal real right over the property or a creditor right, as applicable.

(3) The notification shall be submitted in all cases to the local public administration authorities, according to their competencies established by this code.

(4) The notification is made by completing a notification form and attaching a simplified technical execution project prepared by specialized technical teams in accordance with the project's particularities, namely architects with signature rights, construction engineers, as well as other types of engineers involved in construction activities, accompanied by payment of the fees provided by law for the issuance of authorizations.

(5) The submission of the notification form and the related project to the local public administration authority shall be made in written or digital format.

(6) The local public administration authority automatically confirms receipt of the notification submitted in digital format or on the date of submission if it is submitted in written format at the authority's headquarters.

(7) In cases provided by law, the notification form is accompanied by additional documentation to that provided in para. (4).

(8) If the recipient local public administration authority is not the competent local public administration authority for receiving and verifying the notification, it shall ensure, ex officio, the immediate transmission of the notification to the competent local public administration authority, with notification of the applicant.

(9) Petitions regarding the request to classify construction/intervention/development works in a certain authorization regime do not constitute notifications within the meaning of this section and shall be resolved according to common law.

(10) The notification form shall be approved by order of the minister responsible for territorial planning, urbanism and construction.

Article 296 - Approval by the competent local public administration authority

(1) After analyzing the notification submitted pursuant to art. 295, the competent local public administration authorities decide, as applicable:

a) tacit approval, which takes effect upon the expiration of 15 working days from receipt of the notification;

b) informing the sender of the notification regarding the need for technical clarifications or completion with other mandatory documents, within a maximum of 15 working days from the registration of the notification;

c) the need to request complementary documentation necessary for obtaining approvals and permits through the Single Approval Commission or independently obtained approvals;

d) informing the sender of the notification regarding the need to request and issue a construction/demolition/regularization/modification authorization for the execution of the notified works, within a maximum of 15 working days from the date of registration of the notification or from the registration of the clarifications requested under lit. b);

e) rejection of the notification, when the proposed works contravene the provisions of urbanism and territorial planning documentation applicable, legal regulations in force or other mandatory conditions, with an indication of the reasons underlying the decision, within a maximum of 15 working days from the date of registration of the notification or from the date of receipt of the clarifications requested pursuant to lit. b).

(2) Notifications received pursuant to this article shall be recorded chronologically in a notification register, and the projects together with the notifications shall be entered by the designers in the National Register of Constructions.

(3) The informations provided in para. (1) shall be drawn up and transmitted in written or digital format, depending on the option expressed by the sender through the notification, and shall be signed by the chief architect or by the person responsible for territorial planning and urbanism in the apparatus of the issuing public administration authority, the responsibility for its issuance resting with the signatories, according to the attributions established by law.

(4) Documents provided in para. (1) issued in digital format shall be signed with a qualified or advanced electronic signature.

(5) The deadline for execution of the notified works is valid for a period of 3 years from the date of expiration of the deadlines provided in para. (1).

(6) The commencement of the notified works shall take place 15 calendar days after the expiration of the deadline provided in para. (1) lit. a) or, as applicable, from the full compliance with the conditions mentioned in para. (1) lit. b), c) and d).

(7) The technical books of the constructions shall be completed with the documents that formed the basis of the notification procedure.

Article 297 - Liability related to construction works carried out on the basis of notification

(1) The local public administration authority is not responsible for any subsequent damages caused by the existence of disputes pending before the courts regarding the property nor for the existence of encumbrances on the property with charges such as prohibitions, the responsibility belonging in all cases to the beneficiary.

(2) The notification serves as a declaration on own responsibility granted by the beneficiary of the work regarding the fulfillment of the conditions for carrying out the work exclusively on the basis of the notification.

(3) In the case of construction works that are the subject of the notification, compliance with urbanism regulations and technical regulations regarding quality in construction applicable is mandatory.

(4) The responsibility for non-compliance with the provisions of para. (3) belongs to the beneficiary of the investment objective, the designers and contractors as defined in book II part III of this code.

(5) In the case of works executed on the basis of the notification, the execution of the works shall be carried out mandatorily on the basis of a simplified technical execution project prepared by specialized technical teams, in accordance with the law.

(6) It is prohibited to carry out the construction works provided in art. 294 para. (2)-(4), on the basis of the notification submitted to the public administration authority, if this violates the legal provisions regarding environmental impact assessment or specific requirements for properties of special character belonging to institutions within SNAOPSN.

Article 298 - Execution and completion of construction works on the basis of notification

(1) The execution of notified construction works may begin only after the expiration of the deadline provided in art. 296 para. (6).

(2) Construction works notified under art. 294 shall be carried out with the submission of supplementary documentation and without the need for technical verification for fundamental quality requirements, with responsibility for the correctness of the design resting exclusively with the design team, each in their field of specialization, namely architecture or engineering.

(3) By way of exception to the provisions of para. (2), for the works mentioned in art. 294 para. (2) lit. a) point (ii), the preparation of a geotechnical study and topographic study is mandatory in order to adapt the standard design to the site conditions.

(4) Construction works notified under art. 294 may be carried out by contractors or by the owner.

(5) The beneficiary of construction works notified has the obligation to place an investment identification panel in a visible location at the beginning of the construction works.

(6) The reception upon completion of construction works carried out on the basis of notification shall be carried out between the contractor, beneficiary and a representative of the administrative-territorial unit, and a copy of the reception report signed between the parties shall be registered in the National Register of Constructions. The obligation to register the reception report in the National Register of Constructions rests with the beneficiary of the works. Until the National Register of Constructions becomes operational, a copy of the reception report shall be transmitted physically or by electronic mail to I.S.C.

(7) Land registration in the land register of works executed on the basis of notification shall be carried out on the basis of proof of transmission of the notification and verification of registration in the National Register of Constructions.

(8) On the basis of notification, works necessary for the preservation and securing of the construction site may also be carried out and completed, in the event that works are suspended or stopped for any reason, in accordance with the provisions of this code.

Article 299 - Carrying out construction works without any formality

(1) In cases expressly provided by law, it is possible to carry out certain construction works without building permits and without prior notification to the local public administration authorities.

(2) Construction works that may be executed without any formality are:

a) interventions on existing constructions outside protected built-up areas and areas of protection of historical monuments, as follows:

1. repairs to fences, when their form and materials are not changed;

2. repairs to roofs, coverings or terraces, when their form and appearance are not changed;

3. repairs and replacements of interior joinery;

4. repairs and replacements of exterior joinery, if the form, dimensions of openings and joinery are preserved, including in the event that the materials from which these works are made are changed;

5. repairs to plaster, renders, paints, coatings and other exterior finishes, if the facade elements and building colors are not modified;

6. repair, replacement or rehabilitation works, without changing the quality and architectural form of facade elements: pavements or access stairs, exterior terraces;

7. repairs or replacements of plaster, renders, paints, coatings and other interior finishes, as well as interior flooring;

8. repairs and replacements of heating stoves and their associated chimneys;

9. repairs or replacements of interior installations, as well as repairs to external connections and connections of any kind, related to constructions, within the limits of the property;

10. installation of local heating systems and domestic hot water preparation, as well as installation of individual air conditioning and/or utility consumption metering devices;

11. intervention works for the purpose of implementing measures required under current fire prevention and extinguishing legislation, namely the execution of specific fire prevention and extinguishing installations, in order to obtain fire safety authorization;

12. installation, modification or replacement of radio access points with restricted coverage area that comply with the physical and technical characteristics established by Commission Implementing Regulation (EU) 2020/1.070 of 20 July 2020 specifying the characteristics of radio access points with restricted coverage area pursuant to art. 57 para. (2) of Directive (EU) 2018/1.972 of the European Parliament and of the Council establishing the European Electronic Communications Code, including the establishment of connections to the electricity network and connection of the access point to a public electronic communications network;

13. installation on buildings, farm annexes and on land of photovoltaic systems for electricity generation by property owners who are prosumers, as defined in art. 3 point 95 of the Electricity and Natural Gas Law no. 123/2012, as subsequently amended and supplemented, and/or solar panels for heating or preparing hot water for own consumption, with prior notification to the local public administration authorities and in compliance with applicable legislation. Photovoltaic systems and/or solar panels shall be supported by a structure made of constructive elements capable of ensuring the stability of the entire assembly and of bearing the loads resulting from its own weight and that of the panels, as well as those resulting from wind action and snow deposits;

14. periodic maintenance/upkeep works and current repairs, in accordance with applicable technical regulations for transport infrastructure and related installations, according to the standard operating life of transport infrastructure and related installations, as appropriate;

15. placement on the public or private domain of an administrative-territorial unit of ballistic protection cabins and fixed or mobile systems for blocking forced entry, as well as any other protection and security systems, in the vicinity of special-purpose properties owned/administered by institutions with responsibilities in the field of defense, public order and national security, with prior notification to the local public administration authorities;

16. installation of automated systems for collecting/delivering mail items, for courier services, with a footprint of maximum 6 sqm, which are located with or without platforms with foundations requiring excavation, on privately owned land, without connections and/or connections to urban utilities, except for electricity, and which do not cause congestion or blocking of pedestrian and/or vehicular traffic, with prior notification of the local public administration authorities;

b) landscaping works that can be executed without any authorization formality are: 1.

maintenance or current repair works carried out in an existing camping site or holiday village;

2. arrangement of façade gardens outside protected built-up areas;

3. external connections and hookups of any kind, related to buildings, within the limits of the property;

4. retaining walls or access stairs to ground floor, within the property, removable exterior terraces and pergolas within the property outside protected built-up areas;

5. underground and above-ground funeral construction works, with the approval of the cemetery administration;

6. planted strip in accordance with the provisions of art. 4 lit. d) of Law no. 24/2007 regarding the regulation and administration of green spaces within the built-up area of localities, republished, with subsequent amendments and additions;

7. works for raising pedestrian crossings, signage elements and road markings, based on the opinion of the Traffic Commission, the agreement of the road brigade and the road administrator, obtained in advance;

c) new annex-type buildings, exterior to single-family dwellings, built in rural areas, such as: covered terraces, pergolas, summer kitchens, kiosks, storage rooms, sanitary facilities and similar structures, which do not exceed a cumulative 20 sqm, height 2.5 m, built without foundation, with a temporary character, removable, built on a wooden or metal structure and in compliance with the rules from the general urban plan and the local urbanism regulations of the locality and Law no. 287/2009, republished, with subsequent amendments and additions.

(3) In the case of construction works carried out without any authorization formality, compliance with urban regulations and technical regulations regarding quality in construction applicable, legislation on environmental protection and natural and built heritage protection as well as other normative acts from sectoral fields is mandatory.

(4) Responsibility for non-compliance with the provisions of para. (3) belongs to the beneficiary of the work jointly and severally with the designers and contractors.

(5) The completion of reception upon termination of construction works carried out without any authorization formality is mandatory and is carried out according to the contract concluded between the beneficiary and the contractor/builder and is registered, together with the execution project, in the technical record of the building and in the National Register of Buildings.

(6) In the case of diplomatic objectives and international organizations, as defined in art. 5 para. (4^2) of Law no. 333/2003 on the protection of objectives, goods, valuables and protection of persons, republished, with subsequent amendments and additions, institutions from the defense, public order and national security system, in the exercise of their duties, have the right to place on the public or private domain of an administrative-territorial unit ballistic protection cabins and fixed or mobile systems for blocking forced entry, as well as any other protection and security systems, without the need to issue the authorizations provided by law.

(7) Prior to the placement of a device among those provided in para. (6), the institution from the defense, public order and national security system informs the local public administration authority about this aspect.

(8) Local public administration authorities provide free utilities, as well as spaces necessary for the placement of cabins or other devices for ensuring security and anti-terrorist/counter-terrorist intervention, the establishment of the protection zone of the objective and its delimitation.

(9) By exception to the provisions of art. 286, the execution of geotechnical drilling works, open/inspection wells, other geotechnical investigations, necessary for the preparation of geotechnical studies that are an integral part of feasibility studies, the technical execution project, execution details, for the design, modernization, construction of investment works or public or private utility infrastructure, is permitted without obtaining a building permit and/or any environmental opinion or act of authority from the competent authority designated by special law.

(10) For the realization of geotechnical investigations for infrastructure objectives, regardless of the design stage for which they are executed, landowners are obliged to allow access to their property to economic operators who carry out these investigations, having the right to compensation for any proven damage to the land, which will be paid by the respective economic operators, with the guarantee of sums by the beneficiaries of infrastructure projects.

(11) The execution of drilling works necessary for conducting geotechnical studies and geological prospecting, the design and opening of gas and oil exploitation, other underwater exploitation, as well as the construction works of submarine networks for energy and communications transport, in the territorial sea, contiguous zone or exclusive economic zone of the Black Sea, as the case may be, is permitted on the basis of the act of authority of the competent authority designated by special law, which takes the place of a building/demolition permit and is issued under the conditions of specific legislation in the field of gases, oil, electricity and communications, of which the works are part, as the case may be.

(12) New annex-type buildings, built in accordance with art. 299 para. (2) lit. c) will be declared, on the basis of a declaration on own responsibility, and will be taxed in accordance with Law no. 227/2015, with subsequent amendments and additions. Being temporary buildings, the removal of annexes built in this manner from the town hall records will also be done, on the basis of the owner's declaration on own responsibility.

Article 300 - Execution of construction works based on the location opinion

They can be executed without a building permit, based on a location notice issued by the competent authority authorizing the construction works, without congesting or blocking road and/or pedestrian traffic, with connection and/or connection to the electricity supply network and/or water and sewerage, as applicable:

a) racks for bicycles, scooters and charging points/stations for electric/hybrid vehicles;

b) fixed air quality measurement point and indicative measurement point, with related equipment, in accordance with Law no. 104/2011, as subsequently amended;

c) points/automated systems for pre-collection and management of recyclable waste, containers for pre-collection of waste, including platforms and related technical-utility equipment;

d) road signage elements, street name/identification plaques and video monitoring systems for road traffic and public safety;

e) mobile ecological toilets and related equipment;

f) works for the placement of covered or enclosed kiosks and stands, intended for the distribution and sale of newspapers, books and flowers, automated systems for collection/delivery of postal items, for courier services, as well as mobile units and automated vending machines that are placed directly on the ground, without foundations and platforms, with a maximum area of 12 sqm and which do not cause congestion or blocking of pedestrian traffic on the sidewalk, without connections and/or connections to urban utilities, except for electricity;

g) furniture necessary for street trading, based on a regulation approved by the local council of the administrative-territorial unit or the sector of Bucharest municipality;

h) temporary outdoor arrangements for shows, gatherings, concerts, film screenings, fairs, exhibitions, fireworks or pyrotechnic shows, circuses, public catering, ice rinks, amusement parks;

i) fixed automated ambient noise level monitoring station.

Article 301 - Regularization Permit

(1) In the event that works have been carried out in breach of the building permit or in the absence thereof, the work owner is obliged to request the issuance of a regularization permit from the competent public administration authority to issue the building permit.

(2) The regularization permit may be issued only for single-family residential buildings with ground floor/ground floor and one storey regime with a maximum built area of 150 sqm, which are not historical monuments and are located outside the protection zones of historical monuments or protected built areas, for residential annexes, farm annexes or agricultural operation annexes with a maximum built area of 150 sqm, and for works to close balconies without extension into the public domain.

(3) The regularization permit is issued by the public authority referred to in para. (1), only if the conditions imposed by special legislation on environmental protection, the fundamental requirements applicable to buildings provided in art. 386, the specific requirements for special character properties belonging to institutions from SNAOPSN are cumulatively met and the applicable urban planning regulations have been complied with.

(4) The conditions regarding environmental impact are verified by the competent environmental protection authorities and refer to the fulfillment of the following requirements:

a) the works carried out comply with the administrative act issued by the competent public authority for environmental protection;

b) the competent public authority for environmental protection has issued the closure of the notification regarding the environmental impact assessment, and the works carried out do not lead to a change in the classification;

c) the works carried out do not fall under the scope of Law no. 292/2018, as subsequently amended, of art. 28 of Government Emergency Ordinance no. 57/2007, approved with amendments and additions by Law no. 49/2011, as subsequently amended and supplemented, and of art. 48 and 54 of the Water Law no. 107/1996, as subsequently amended and supplemented.

(5) In the event that the conditions provided in para. (3) and (4) are not cumulatively met, the local public authority applies the legal provisions regarding the demolition of the works carried out.

(6) In the event that there are technical solutions for the cumulative fulfillment of para. (3) and (4), the local public authority may impose obtaining a building permit or partial demolition, as appropriate.

(7) By exception to para. (2), for a maximum period of 1 year from the entry into force of this law, the regularization permit may also be requested for other categories of buildings than those mentioned in para. (2), carried out in breach of the building permit or in the absence thereof, provided that the works are included in the provisions of urban planning regulations approved at the date of issuance of the regularization permit of the fundamental requirements regarding quality in construction and the fulfillment of tax obligations and the application of penalty measures.

(8) In the situation provided in para. (7), the value of the fees related to state control in urban planning and construction is ten times the value of the fees that would have been due if the works had been legally executed, and the urban planning certificate and building authorization fee due is ten times the value of the fee established by Law no. 227/2015, as subsequently amended and supplemented.

(9) The verification of compliance with fundamental quality requirements in construction is carried out on the basis of technical expertise prepared by technical experts in construction certified for each field and specialty, respectively: mechanical resistance and stability, fire safety, hygiene, health and environment, safety and accessibility in operation, protection against noise and energy efficiency and thermal insulation, and the verification of compliance with urban planning regulations is carried out by the specialized structure at the level of local public administration authorities or, in the absence of qualified personnel, by specialists with signature rights in the field of urban planning employed by the applicant.

(10) In order to issue the regularization permit, the local public authority may request the carrying out of works to bring into compliance with urban planning regulations and/or technical regulations regarding quality in construction.

(11) For buildings executed in breach of the building permit or without compliance with the legal procedures regarding authorization of construction works, which have not yet been regularized according to the provisions of this article by the date of entry into force of this code, the value of the building tax shall be increased by 100%, from the date of detection of the unauthorized construction situation by the competent local public authority, until obtaining the regularization permit or demolition of the works carried out without authorization, in accordance with legal provisions. Payment of the tax does not produce effects regarding the regularization of the construction from the perspective of the obligations imposed by the legislation on urbanism and quality in construction and does not eliminate the application of sanctions regarding construction discipline.

(12) After the expiration of the deadline provided in para. (7), the local public administration authorities may proceed to demolish the unauthorized works with recovery of costs or, as the case may be, are obliged to request the competent court to demolish the constructions executed in breach of the building permit or without compliance with the legal procedures regarding authorization of construction works, which have not obtained the regularization permit.

(13) The claim is filed by the mayor, on behalf of the administrative-territorial unit, within 30 days from the date of expiration of the deadline provided in para. (7), based on the statement of findings drawn up by the specialized department within the mayor's office or by the State Construction Inspectorate.

(14) The court resolves the case by summoning the owner and the local public administration authority, ordering, as appropriate, total or partial demolition of the unauthorized construction or measures to restore to the previous state.

(15) The court judgment for demolition constitutes an enforceable title and is immediately communicated to the enforcement bodies of the local public administration authority, which shall proceed to demolish the construction at the expense of the offender, based on a simplified procedure.

Article 302 - Demolition Permit

(1) The demolition permit is issued under the same conditions as the building permit, in accordance with the provisions of art. 259, taking into account the particularities and exceptions imposed by the specific nature of demolition works.

(2) In the situation where the applicant for the demolition permit wishes to carry out a new construction in place of the demolished buildings, the competent local public administration authority issues a single building permit in which both the demolition of the old construction and the execution of the new construction are indicated and approved.

(3) In the situation provided in para. (2), only the fee for issuing the building permit for the new construction is charged.

(4) The framework content of the project for authorization of demolition of constructions is provided in annex no. 5.

(5) The demolition of farm annexes or external constructions of single-family dwellings, located outside protected built-up areas is carried out based on the simplified notification procedure, under the conditions of the law.

(6) The demolition of constructions with special character is exempted from the provisions of this code and is carried out by the institutions from SNAOPSN based on a common procedure, established together with the competent central public authority in the field of regulating construction authorization.

Article 303 - Demolition of Constructions Presenting Public Danger

The competent local public administration authorities may demolish constructions, property of the administrative-territorial unit, in an advanced state of deterioration and which endanger public safety, with the exception of historic monument constructions, based on a demolition permit, issued under the conditions of art. 312, for the execution of intervention works in emergency regime.

Article 304 - Competence of Local Public Administration Authorities in the Field of Authorization of Building/Demolition Works

(1) The building permit, modification permit, regularization permit and demolition permit are issued by the following authorities of the local public administration, according to their competences:

a) the mayor of the commune, city or municipality, respectively the sector mayor or the general mayor of Bucharest municipality, as the case may be, in accordance with this code;

b) by the president of the county council.

(2) The mayor of the administrative-territorial unit or the administrative-territorial subdivision issues the permits provided in para. (1) for all works executed on the administrative territory of the administrative-territorial unit, with the exception of Bucharest municipality and the sectors, where the issuance competences are established according to the provisions of art. 130, 131 and 584.

(3) The president of the county council issues the permits provided in para. (1), with the prior approval of the mayor, in the following situations:

a) for works executed on immovable property that exceeds the limit of an administrative-territorial unit;

b) for works executed in the built-up or non-built-up area of an administrative-territorial unit that does not have specialized structures responsible for the field of territorial planning and urbanism in the specialized apparatus of the mayor.

(4) The president of the county council also issues the permits provided in para. (1), with the prior approval of the general secretary of the administrative-territorial unit, in exceptional situations where the local council of the administrative-territorial unit in the county area is dissolved or the mayor is unable to exercise his duties as a result of suspension or termination of the mandate or the imposition of a preventive measure in accordance with criminal law.

(5) The competence to issue the permits provided in para. (1) may belong to other authorities of the public administration according to the provisions of art. 329, 343 and 346 or the provisions of special laws.

Article 305 - Single Agreement Commission at the Level of Local Public Authorities

(1) Public administration authorities at county level, at the level of municipalities, as well as at the level of sectors of Bucharest Municipality have the obligation to organize within the specialized structures led by the chief architect a single approval commission.

(2) For other local public administration authorities, other than those provided in para. (1), the organization of the single approval commission is optional.

(3) In situations where, at the level of local public administration authorities which, according to para. (2), have the option to establish the single approval commission, the single approval commission has not been established, its duties are fulfilled, on the basis of a collaboration agreement between the administrative-territorial unit and the county council, by the single approval commission at the level of the county council.

(4) The single approval commission works, as a rule, in an online environment, by analyzing documentation in digital format, signed with a qualified electronic signature.

Article 306 - Duties of the single approval commission

The single approval commission has the following duties:

a) receives, through the national single window provided in art. 139, documentation for approval specific to approvals obtained through the single approval commission, submitted in digital format by the authorization applicant. Until the national single window becomes operational, documentation is received in digital format, signed with a qualified electronic signature, obtained in accordance with Government Emergency Ordinance no. 140/2020, approved by Law no. 255/2020, and is transmitted simultaneously to all approving entities through the information systems of local authorities or through electronic mail from its own secretariat;

b) analyzes the documentation in accordance with specific legislation for the purpose of issuing approvals/agreements;

c) in situations where the issuers of approvals/agreements consider necessary additions or modifications to the documentation, the Single Approval Commission analyzes the requests in question and the manner in which they affect the technical conditions imposed by other approvals and lead to the modification of the solution, communicating these aspects to both the applicant and the approvers whose technical conditions imposed by approvals are affected;

d) issues the single approval, after payment of the fees applicable, established by the issuers of approvals or agreements, in accordance with art. 308;

e) The Single Approval Commission carries out its activity through the National Single Window for Construction Authorization. Until the National Single Window for Construction Authorization becomes operational, public authorities carry out their activity either through their own digital platforms or through electronic mail from their own secretariat.

Article 307 - Organization and operation of the single approval commission

(1) The organization and operation of the single approval commission, as well as its cooperation/collaboration with the issuers of approvals and agreements necessary for the issuance of authorizations are established by regulations of organization and operation approved by the local public administration authorities and on the basis of protocols concluded between the local public administration authorities and the issuers of approvals and agreements.

(2) The single approval commission is composed of:

a) specialists from the own structure of the apparatus of the local public administration authority, who also ensure the secretariat of the commission;

b) delegated representatives of all companies that manage and/or supply urban utilities-approvers;

c) authorized representatives of the deconcentrated public services of the local public administration authority in the fields of fire prevention and extinguishing, prevention of major accidents involving hazardous substances, civil protection and protection of public health, provided by law;

d) representatives of other institutions issuing relevant approvals and agreements, as the case may be.

(3) Local public administration authorities responsible for organizing the Single Approval Commission have the freedom to, on the basis of protocols concluded with the issuers of approvals and agreements, extend the composition of the single approval commission to any issuer of approvals and agreements provided by law.

(4) The secretariat of the single approval commission is organized at the level of the specialized structure led by the chief architect.

(5) The secretariat of the single approval commission verifies whether the submitted documentation complies with urban planning requirements, and, in case the documentation is non-compliant, restarts the approval procedure.

(6) The single approval commission has a permanent character and carries out its activity as a rule through electronic procedure and, in situations where it is necessary, through working meetings at the headquarters of the town hall/county council.

Article 308 - Fees applicable in case of obtaining approvals and agreements through the single approval commission

(1) In the situation where the applicant chooses to obtain approvals and agreements through the single approval commission, the fees and tariffs for the issuance of approvals and agreements requested through the urban certificate are borne by the applicant, the amounts of fees and tariffs being established by the issuers of approvals and agreements, which are calculated in accordance with the specific legal regulations of each approval field and are communicated to the issuers of construction/demolition authorizations.

(2) The applicant pays through www.ghiseul.ro/window/public the fees and tariffs for the approvals and agreements requested through the urban certificate. The fees and tariffs enter a collector account in the form of mandate sums from where they are transferred to the issuers of approvals/agreements within a maximum of 24 hours from receipt.

(3) For the purpose of issuing the single approval through the single approval commission, county and local councils may establish a special fee, under the conditions of the tax code.

Article 309 - Validity of authorizations

(1) Construction and demolition authorizations are valid for a period of 3 years from the date of issuance.

(2) The validity period provided in para. (1) is extended for the entire duration of execution of the works provided by the authorization, starting from the date of commencement of the works notified to the public administration authority that issued the construction authorization.

(3) In the situation of non-compliance with the notification obligation, the duration of execution established in the authorization is calculated from the date of issuance of the construction/demolition authorization.

(4) The validity period provided in para. (1) may be suspended only once during the validity period of the authorization by notifying the issuing authority, including the justification for requesting the suspension. The suspension of validity may not exceed 12 months.

(5) Extension of the validity period of authorizations provided in para. (1) is prohibited, regardless of the reasons that led to the need for extension. During the validity period of the authorizations, the authorization applicant has the right to begin the authorized works or may request a modification authorization.

(6) In justified cases where construction works cannot be completed according to the execution duration established by the authorization, the project initiator may request the issuing authority to extend the validity of the authorization at least 15 days before its expiration, in which case the extension of the authorization validity is granted for a period of at most 12 months.

(7) Extension of the validity period of the building authorization is an administrative procedure associated with the same administrative act.

Article 310 - Loss of Validity of Authorizations

(1) Authorizations lose their validity by failure to begin the works within the validity period established by the authorization.

(2) Authorizations lose their validity by failure to complete the works according to the execution duration established by the authorization, if the extension of the execution duration was not requested.

(3) Building authorizations lose their validity in the situation where the execution of works is suspended for a period exceeding 24 months.

(4) The provisions of para. (2) do not apply in cases of suspensions caused by the existence of disputes pending before the courts regarding the right of ownership or other real rights over properties, the legality of authorizations or any other type of disputes likely to affect the right to execute the works, for the entire duration of the dispute or in the case of the occurrence of a force majeure event for the entire duration of the force majeure event.

(5) In cases where construction works cannot be begun or cannot be executed in full by the established deadline, the investor may request the issuing authority to extend the execution duration at least 15 working days before its expiration. The extension of the execution duration is granted only once and for a period not exceeding 12 months, with payment of a fee of 30% of the initial fee amount.

(6) In the situation of failure to complete the works within the validity period of the building authorization, a new building authorization shall be requested.

(7) In case of interruption of work execution for a period exceeding the execution duration entered in the building/demolition authorization, without applying conservation measures, the continuation of the remaining works may only be carried out on the basis of technical documentation prepared in accordance with the conclusions of technical expertise reports of the executed works and reports of current verification of technical documentation for the remaining works to be executed regarding compliance with applicable fundamental requirements and only if these do not require modifications to the technical solutions.

Article 311 - Validity of Opinions and Approvals Issued in the Authorization Procedure

(1) Opinions and approvals issued, requested through the urbanism certificate, including at the feasibility study phase or documentation for authorizing intervention works, retain their validity until reception at the completion of works, if no new elements occur or the conditions on which their issuance was based do not change, respectively the technical solutions at the technical documentation phase for obtaining the building authorization, until the completion of the execution of the corresponding works for which they were issued, respectively until the conclusion of the corresponding final reception report.

(2) For special telecommunications infrastructure projects, building/demolition authorizations, urbanism certificates, opinions, approvals, where applicable, location opinions retain their validity from the date of their issuance, throughout the entire period of project implementation, until the completion of the execution of works for which they were issued, respectively until the date of signing the final reception report of the works, provided that the execution of works begins within 36 months from the date of issuance of the building/demolition authorization.

(3) The provisions of para. (1) do not apply in cases where changes occur that require the opinion procedure to be repeated.

(4) For national interest transport infrastructure projects, building/demolition authorizations, urbanism certificates, opinions, approvals, where applicable, location opinions retain their validity from the date of their issuance, throughout the entire period of project implementation, until the completion of the execution of works for which they were issued, respectively until the date of signing the final reception report of the works.

Article 312 - Transfer of Rights and Obligations Related to Authorizations

(1) The transfer of rights and obligations related to the authorization in case of change of its holder during the execution of works is carried out by operation of law. The new holder assumes all rights and obligations arising from the authorization.

(2) The transfer of rights and obligations related to the urbanism certificate, opinions and approvals obtained in the procedure for issuing the authorization, in the situation of change of holder before the issuance of the authorization, is carried out by operation of law. The new holder assumes all rights and obligations arising from the opinions and approvals obtained.

Article 313 - Fees Charged for the Issuance of Authorizations

(1) The fee for issuing the building, regularization or demolition authorization is calculated according to the provisions of art. 474 of Law no. 227/2015, as subsequently amended and supplemented, and the architecture stamp fee, under the conditions of art. 1 para. (4) of Law no. 35/1994 on literary, cinematographic, theatrical, musical, folkloric, plastic arts, architecture and entertainment stamps, republished.

(2) In the case of a modification authorization, no new authorization fee is charged, and it shall be regularized prior to reception at the completion of works.

(3) The issuance of authorizations for emergency intervention works to secure existing buildings, including their related installations, which present a public danger, regardless of their intended use, as well as works on places of worship or on classified historical monuments or those in the process of being classified, regardless of owner, with the exception of those where commercial activities are carried out, is exempt from authorization fees.

(4) For works subject to the simplified procedure, the value of the fee charged by the local authority is equal to half of the fee established by Law no. 227/2015, as subsequently amended and supplemented, for the issuance of the building authorization, arrangement, modification, regularization or demolition, depending on the type of works proposed.

Article 314 - Making available to the public information regarding urban planning certificates, building/demolition authorizations issued, as well as regarding works carried out under the simplified notification procedure

(1) The list of urban planning certificates is public. The list is updated and displayed monthly at the office and on the issuer's own website and includes the enumeration of urban planning certificates issued, including in the previous month, in the order of issuance, with each property highlighted by mentioning the address, the cadastral number and land register number, as well as the purpose for which the act was issued.

(2) Within 30 days from the date of issuance of building or demolition authorizations and of acts rejecting authorization requests, the local public administration authorities issuing them have the obligation to make available to the public information regarding the authorizations and their related annexes, through:

a) ensuring access to information of public interest at the office of the issuing local public administration authority through display and/or by offering the possibility of consulting this information based on requests formulated by interested persons in accordance with legal provisions;

b) publication on the website of the issuing public authorities in a section dedicated to this purpose or on the digital platform for issuing urban planning certificates and building authorizations.

(3) The information from the documents provided for in para. (2) which are made available to the public are limited to:

a) the list of building/demolition authorizations issued and their content;

b) the list of decisions rejecting building/demolition authorizations which includes the number and date of the request, property address, type of works requested and brief justification of the decision to reject the issuance of the requested authorization.

(4) By exception to the provisions of para. (1) and (2), authorizations issued for construction works of a special nature are not made available to the public.

(5) The information to be published/communicated in accordance with para. (2) lit. a) must mandatorily include the following information, extracted from the content of the authorization and its related annexes:

a) the number of the building/demolition authorization and the date of its issuance;

b) the title of the authorization/description of the project;

c) the percentage of land occupation - P.O.T. and the land use coefficient - C.U.T.;

d) the setbacks of buildings from property boundaries;

e) the built areas at ground level, built on each level, total built area;

f) the height regime, the number of underground and above-ground levels for each building, and the heights of buildings, at cornice and maximum for each building;

g) whether the opinion of the competent authority in the field of cultural heritage protection was requested/obtained;

h) whether the opinion of the competent authority in the field of environmental protection was requested/obtained;

i) the site plan, including green spaces;

j) all facades.

(6) The operations of publicity/display/offering for public consultation at the office of the issuing authority are carried out within the deadline provided for in para. (2).

(7) After communication of the building authorization, but before the start of works, the beneficiary has the obligation, at their own expense, to note in the land register of the property, as well as in a widely circulated newspaper the information provided for in para. (5) lit. a) and b), and to place in the construction site, in a visible place, the investment identification panel. For authorizations issued before the entry into force of this code, the publicity formalities provided for in this paragraph may be done after the start of works.

(8) The content of the building authorization is considered brought to the knowledge of the public on the date of completion of the last publicity operation, provided for in para. (2).

(9) Without modifying in any way the date of the last publicity operation, established in accordance with para. (7), on which the content of the building authorization is considered brought to the knowledge of the interested public, the information provided for in para. (4) may be requested for study, as well as the rest of the documents which have a public character, in accordance with this code, at the office of the issuing public authority.

(10) The list of works carried out under the simplified notification procedure is public. The list is updated and displayed monthly at the office and on the website of the notified authority and includes the enumeration of notifications approved tacitly in accordance with art. 296 para. (1) lit. a), including in the previous month, in the order of receipt, by mentioning the number from the notification record register, the address, the cadastral number and land register number, as well as the notified work.

Article 315 - Record of acts issued by the competent public authorities

(1) The competent public administration authorities draw up in digital format:

a) the register of urban planning certificates issued, differentiated by categories;

b) the register of single agreements issued;

c) the register of building, modification, regularization and demolition authorizations issued;

d) the register of notifications for the execution of construction works and of agreements issued as a result of these notifications.

(2) In order to fulfill the attributions regarding control and discipline in the fields of territorial planning, urbanism and construction, provided by law, the local public administration authorities communicate to the County State Construction Inspectorate, as well as to the specialized structure in the field of territorial planning and urbanism at county level, in the first decade of each month, for the previous month, the registers provided for in para. (1) updated.

(3) The registers provided for in para. (1) are basic registers and are part of the National Register of Registers.

(4) By way of exception to the provisions of this article, institutions from SNAOPSN shall prepare their own records in accordance with specific legislation.

Article 316 - Obligations of issuers of notices and approvals in the authorization process

(1) Institutions/Economic operators authorized by law to issue the notices/approvals necessary in the authorization process have the following obligations:

a) to establish the framework content of specific documentation necessary for issuing notices/approvals, the list of other documents and specific conditions necessary, as well as the method of final calculation of fees/tariffs for notices/approvals issued for private investment works, which they make available to the public and competent public administration authorities, on their own website page and by posting at their headquarters;

b) to issue notices/approvals, with the exception of notices/approvals relating to technical-utility networks necessary in the stage of preparing technical-economic documentation for investment objectives/projects, within the deadlines provided for in art. 269;

c) to take the necessary measures for the legal management of classified information contained in the documentation requested for issuing the notices-approvals provided for by the urbanism certificate issued by public institutions in the defense, public order and national security system, including by establishing a specific adapted framework content thereof, in compliance with the deadline provided for in lit. b);

d) to transmit to the applicant, in writing or by electronic mail, in case the applicant has declared an electronic correspondence address, only once, within a maximum of 5 working days from receipt of the documentation, whether completions to the submitted documentation are necessary, under the conditions of art. 279 para. (4) or within the deadlines provided for in art. 279 para. (10);

e) for transport infrastructure projects, to issue notices/approvals in principle for removing land from the forest fund or, as the case may be, favorable conditional site approval notices for the relocation of transport and energy distribution systems/networks, natural gas and oil, as well as other utility networks located on the expropriation corridor, within a maximum of 10 days from the date of submission of the request to the issuing authority based on the site plan of the investment objective and technical memorandum, which shall mandatorily include the positioning of utility networks or land affected by removal from the forest fund;

f) to ensure the submission of requests, documentation and issuance of notices in digital format;

g) to place on the committee agenda and analyze in committee, within a maximum of 30 days from the date of submission of the documentation to the institution's registry, if the law establishes the obligation to analyze the documentation in a committee;

h) to notify the beneficiary and designers regarding the date on which the documentation will be analyzed in committee, regardless of whether they have the right to participate in the meeting or not, in accordance with specific procedures, if the procedure for issuing the notice involves analyzing the documentation in a committee;

i) to analyze and issue notices/approvals for public works projects for both new construction and interventions on existing buildings without charging analysis fees or tariffs, consultation fees or similar;

j) to analyze and approve with priority and on an urgent basis documentation for investments financed from Romania's National Recovery and Resilience Plan and/or from other European funds;

k) to prioritize works submitted for approval based on complexity;

l) to conduct a semi-annual analysis of the number and type of investments for which notices and approvals were deemed granted tacitly, under the conditions of art. 279, and to order the organizational measures necessary to reduce the number of such situations;

m) not to change the case manager during the course of the analysis and approval procedures for authorizing the execution of construction works, except in cases where the manager no longer works in that structure, is on leave, is on sick leave or is under disciplinary investigation;

n) not to condition the issuance of notices/approvals on the prior obtaining of other notices or approvals.

(2) The provisions of para. (1) do not apply to regulatory acts issued by the competent environmental protection authorities, namely their point of view and administrative act, which are issued in accordance with legislation on the assessment of the impact of certain public and private projects on the environment.

(3) The notice of the competent central public administration authority in the field of cultural heritage protection or its deconcentrated structures is issued for buildings within a maximum of 30 working days from the date of receipt of complete specific documentation, and for engineering works provided for in art. 336 para. (3) lit. g) the deadline is 15 days from the date of receipt of complete specific documentation.

(4) In the case of notices that are not conditioned by the analysis of documentation in a committee, no request for completion after the 5 working day period provided for in para. (1) lit. d) is permitted.

Article 317 - Common provisions applicable to documentation for the purpose of issuing authorizations, preparing technical execution projects and execution documentation

(1) The project for construction authorization prepared for the purpose of issuing authorizations and technical execution projects shall be prepared by specialized technical teams, shall be adopted and signed by technical personnel with higher education in the field of architecture, urbanism, landscape design, construction and building installations or other relevant engineering fields, as follows:

a) by an architect with a diploma recognized by the Romanian state, for designing the architectural part for above-ground and underground constructions regardless of consequence class or by an architect or urban planner with signing authority granted by the Order of Architects of Romania, for constructions classified as CC1 consequence class and located outside protected areas, as established by law. The architect with signing authority, the urban planner or the architect with signing authority shall also ensure the coordination of all documentation, in the position of project manager or, as appropriate, project manager, for civil buildings, ensuring the integration and coordination of specialized engineering projects;

b) by an interior architect with signing authority, with a diploma recognized by the Romanian state, in accordance with the competencies provided in art. 428;

c) by construction engineers, installation engineers, landscape architects, engineers from other engineering fields, with a diploma recognized by the Romanian state, in accordance with the design competencies acquired, for the engineering parts in specific fields for above-ground and underground constructions, regardless of consequence class, as well as for the installations related to them, or by sub-engineers in the construction field for constructions classified as CC1 consequence class and located outside protected built areas, as established by law.

(2) The signing of documentation by the persons provided in para. (1) engages their responsibility, under the conditions of the law.

Article 318 - Responsibility related to the issuance of authorizations

(1) The responsibility for issuing authorizations rests with the signatories thereof, in accordance with the attributions established by law.

(2) The authority issuing the authorization is not responsible for any subsequent damages caused by the existence, at the time of issuance of the act, of any disputes pending before the courts regarding the property - land and/or constructions, the responsibility belonging to the applicant.

(3) Natural persons and legal entities with attributions in verifying documentation and/or preparing/issuing building authorizations are materially, contravention, civil and criminally responsible, as appropriate, for non-compliance with the legal provisions regarding the verification, preparation and issuance of authorizations.

Article 319 - Concession of land for the purpose of carrying out constructions

(1) Land owned publicly or privately by the state or by administrative-territorial units may be conceded for the purpose of carrying out constructions, only if the works proposed to be carried out on that land comply with the provisions of the urban planning and territorial development documentation approved.

(2) Land belonging to the public domain of the state or of administrative-territorial units may be conceded only for the purpose of carrying out constructions of public use and/or public interest.

(3) Land free of constructions administered by local councils which are the subject of requests for the reconstitution of the property rights of former owners filed within the period provided by Law no. 10/2001 on the legal regime of certain property abusively taken over in the period 6 March 1945-22 December 1989, republished, with subsequent amendments and additions, cannot be the subject of concession.

Article 320 - Concession without public auction and free use

(1) By derogation from the provisions of art. 312 para. (1) of Government Emergency Ordinance no. 57/2019 on the Administrative Code, with subsequent amendments and additions, land privately owned by the state or by administrative-territorial units intended for construction may be conceded without public auction or may be given for free use for a limited period, as appropriate, in the following situations:

a) for the realization of public utility or charitable objectives, with a social character, non-profit, other than those realized by local communities on their land;

b) for the relocation of households affected by disasters;

c) for the extension of constructions on adjacent land, at the request of the owner, for areas that do not have access to a public road, are not buildable except by joining other lots and which cannot exceed 300 sqm;

d) for works to protect or enhance historical monuments as defined by law, with the express approval of the Ministry of Culture, carried out in accordance with urban planning documentation approved by law.

(2) In the event that two or more requests are submitted for the land provided in para. (1) lit. c) by neighboring owners, the concession shall be awarded through a public auction organized for the participation of all interested parties. Holders of the right of pedestrian and vehicular passage easement established by the owner of the adjacent land may also participate in the auction.

Article 321 - Auction of land intended for concession

(1) The land provided in art. 319, which is the subject of the auction, shall be brought to the attention of the public by the mayors of the administrative-territorial units where they are located or by the presidents of county councils from the counties where they are located, as appropriate, for land owned publicly or privately by administrative-territorial units, respectively by the authorities and institutions of the central public administration that hold the status of administrator of the land subject to concession, in the case of land owned publicly or privately by the state, through a publication posted at their headquarters and printed in at least two newspapers of wide circulation, at least 20 days before the date of the auction.

(2) The publications regarding the auction shall include the date and place of its holding, the area and destination of the land, established through urban planning documentation, as well as the minimum annual royalty fee.

(3) The applicants' offer shall be accompanied by a pre-feasibility or feasibility study, as appropriate, containing in a mandatory manner the technical elements necessary to characterize the functionality and capacity of the construction, the degree of land occupation, as well as the other elements included in the urban planning certificate. Only offers that comply with the provisions of the urban planning documentation, approved by law, will be accepted.

(4) The auction shall be conducted, under the conditions of the law, by commissions established for this purpose, by decision of local and/or county councils, respectively by the General Council of Bucharest Municipality, in accordance with authorization competencies or by Government decision, initiated by the central public authority or institution that holds the status of administrator of the land subject to the concession, as the case may be. The commissions function at the headquarters of local/county councils, as the case may be, in whose administrative-territorial area the land owned publicly or privately by administrative-territorial units is located, respectively at the headquarters of the central public administration authorities or institutions that hold the status of administrator of the land subject to the concession, in the case of land owned publicly or privately by the state.

(5) Against the auction, until the moment of adjudication, any interested person may file a complaint with the court in whose territorial area the auction takes place. The complaint suspends the conduct of the auction until its final resolution.

(6) On the basis of the auction adjudication report, the concession deed shall be concluded, which shall be registered by the concessionaire in the real estate publicity records, within 10 days from the date of adjudication or issuance of the decision.

Article 322 - Royalty

The minimum limit of the royalty shall be established, as the case may be, by decision of the county council, the General Council of Bucharest Municipality, the local council or by Government decision, initiated by the central public authority or institution that holds the status of administrator of the land subject to the concession, as the case may be, so as to ensure recovery within 25 years of the market sale price of the land, to which is added the cost of infrastructure works related thereto.

Article 323 - Areas of Conceded Land

The land provided for in art. 329, which is conceded for the construction of dwellings and associated built spaces, depending on the provisions of local urban planning regulations, approved in accordance with the law, shall have the following areas:

a) in urban localities: 1.

up to 450 sqm for an apartment in a building with ground floor or ground floor and one storey;

2. up to 300 sqm for an apartment in a building with ground floor and one storey, with two apartments;

3. up to 250 sqm for an apartment, in the case of buildings with ground floor and multiple storeys, having at most 6 apartments;

4. for buildings with more than 6 apartments, the land area shall be established according to urban planning documentation;

b) in rural localities, up to 1,000 sqm for a dwelling.

Article 324 - Duration of Concession

(1) The concession of land for construction shall be made in accordance with the provisions of the law, its duration being established by local councils, county councils, by the General Council of Bucharest Municipality or by Government decision initiated by the central public authority or institution that holds the status of administrator of the land subject to the concession, depending on the provisions of urban planning documentation and the nature of the construction.

(2) Prior to concession, the land shall be registered in the land register.

Article 325 - Attribution and Leasing of Land

(1) The attribution of land based on requests made in accordance with Law no. 15/2003 on support granted to young people for building a dwelling as personal property, republished, with subsequent amendments, has priority over any other request for attribution, concession, sale or lease.

(2) In order to apply the priority provided for in para. (1), at the level of Bucharest Municipality, the attribution of land based on requests made in accordance with Law no. 15/2003, republished, with subsequent amendments, is done by the General Council of Bucharest Municipality if the local council of the sector cannot resolve the request in accordance with art. 1 para. (2) of Law no. 15/2003, republished, with subsequent amendments.

(3) If the request made under Law no. 15/2003, republished, with subsequent amendments, cannot be resolved by the local authority of the administrative-territorial unit where the applicant has his domicile, the applicant may submit a request to the authorities of the administrative-territorial units in the immediate vicinity of the one where he has his domicile.

(4) For the extension of spaces located on the ground floor of condominiums, on the land around them, belonging to the owners of apartments in the condominium, the owners may conclude surface contracts with the interested party. In the case where the homeowners' association holds title of ownership over the land related to the condominium, the surface contract may be concluded with the consent of the general assembly expressed by a decision adopted with 2/3 of the total number of owners and the consent expressed in writing of all owners directly affected.

Article 326 - General Provisions Applicable to the Execution of Construction/Demolition Works in the Case of Engineering Works

(1) The execution of engineering works is permitted only on the basis of the issuance, under the conditions of the law, of a construction or demolition permit.

(2) By exception, maintenance/upkeep works, current repairs and works to improve road safety elements and intelligent transport systems that do not modify the load-bearing structure, the initial characteristics of the constructions or their architectural appearance may be executed without a construction permit.

(3) The engineering works provided for in para. (1) include:

a) transport infrastructure of national interest;

b) infrastructure in the energy field, respectively energy infrastructure;

c) electronic communications networks and physical infrastructures related to these networks;

d) water management works;

e) hydrotechnical works;

f) mining works;

g) other engineering works necessary for the implementation of objectives of local and county public interest.

(4) Transport infrastructure of national interest comprises national road infrastructure, public railway infrastructure, metro infrastructure, airport infrastructure and naval transport infrastructure owned, administered or conceded to economic operators/public institutions functioning under the authority/subordination of the Ministry of Transport and Infrastructure.

(5) For the engineering works provided for in para. (3) lit. c), the provisions of art. 345 shall apply accordingly.

Article 327 - Authorization for execution of construction/demolition works in the case of engineering works

(1) Construction/demolition permits for engineering works executed outside the town limits of localities, except those under art. 326 para. (3) lit. c), shall be issued in compliance with territorial development plans, approved and endorsed according to the law.

(2) The provisions of this title shall be supplemented accordingly with the applicable provisions for authorizing the execution of construction or demolition works for buildings, to the extent that this code does not provide otherwise.

Article 328 - Authorization for execution of transport infrastructure works of national interest

(1) Construction/demolition permits for transport infrastructure projects of national interest included in the National Territorial Development Plan - Section I or in the General Master Plan for Transport of Romania, except for ports, airports, railway stations, marshalling yards, depots, combined transport terminals and border crossing points, may be issued without prior elaboration and approval of territorial development documentation or urban planning documentation and without affecting the provisions concerning quality and discipline in construction.

(2) Within 30 days of approval, under the conditions of the law, of the feasibility study or documentation for endorsement of intervention works for the transport infrastructure project of national interest, in order to ensure the correlation of the investment objective with the development directions of the localities, the project initiator shall notify the ministry responsible for urban planning and territorial development, as well as all local public authorities whose territory is affected by the project and shall transmit to them the documentation which shall include the topo-cadastral support of the route, including its protection zones in Stereographic 1970 coordinates.

(3) Within a maximum of 6 months from receipt of the notifications according to para. (2), for the correlation of transport infrastructure projects of national interest with spatial development strategies and general urban planning plans of the localities whose built-up areas are affected by the projects provided for in para. (1), the local public administration authorities shall initiate, elaborate and approve, under the conditions of the law, zonal urban planning plans, the financing of their implementation being ensured by the initiator and implementer of the transport infrastructure project of national interest.

Article 329 - The competent public administration authority for issuing the construction/demolition permit for transport infrastructure of national interest

(1) Authorization for execution of construction/demolition works related to transport infrastructure of national interest and those for the metro managed by the Bucharest Metro Transport Company "Metrorex" - S.A. shall be issued by the competent central public administration authority in the field of transport.

(2) The authorization provided for in para. (1) shall be carried out at the request of units subordinated to/under the authority of the Ministry of Transport and Infrastructure, as beneficiaries, or of local public administration authorities, as the case may be, based on urban planning certificates for engineering works issued by county/local public administration authorities, in compliance with the legal provisions in the field of construction authorization.

(3) The competent central public administration authority in the field of transport, as well as project verifiers certified under the conditions of the law for each essential requirement for quality in construction, shall verify that the works corresponding to design subject modifications fall within the limits of the endorsements and approvals obtained for the initial construction permit, based on the designer's point of view, with consultation of representatives of the endorsing institutions whose technical conditions imposed by endorsements are affected by modifications. Consultation of representatives of the endorsing institutions whose technical conditions imposed by endorsements are affected by modifications shall be carried out through reconfirmation of the initially issued endorsement/approval or issuance of a new endorsement/approval, as the case may be.

(4) Verification of the compliance of works corresponding to design subject modifications within the limits of the administrative act of the competent public authority for environmental protection shall be carried out by it in accordance with the provisions of the legislation concerning the assessment of the impact of certain public and private projects on the environment.

(5) Construction/demolition permits for transport infrastructure projects of national interest shall be signed by the minister or by a person delegated by him, by the head of the specialized structure with responsibilities for authorizing the execution of construction works from the ministry's own apparatus, by a person from the specialized structure with technical studies and by a person with legal studies, according to approved internal procedures, the responsibility for issuing it falling to the signatories, according to the responsibilities established under the law.

(6) Maintenance works on communication routes and related installations, which do not modify the load-bearing structure, the initial characteristics of the constructions or their architectural appearance, may be executed without a construction permit.

(7) Authorization for execution of other construction works necessary for the implementation of transport infrastructure projects of national interest, such as, without being limited to: site organization, demolition of constructions that are not part of the category of constructions related to transport infrastructure, shall be issued by county/local public administration authorities, as the case may be.

(8) As a result of issuing the construction permit related to transport infrastructure of national interest, for constructions located on land situated on the expropriation corridor, it is no longer necessary to issue a demolition permit.

Article 330 - Documentation for authorization of execution of transport infrastructure works of national interest

(1) The documentation for authorization of national transport infrastructure works comprises the following documents:

a) Application for the issuance of the building/demolition permit, the form of which is established by joint order of the minister responsible for territorial planning, urbanism and construction and the minister responsible for transport and infrastructure;

b) Proof of the right to execute, namely the concession contract and the corresponding position of the property in the annex thereto for properties in the public domain, inventory list for properties owned by the beneficiary, expropriation decisions or agreements of public institutions/authorities holding properties in administration/concession, notarial agreements of other natural/legal persons, urbanism certificate for construction/demolition of engineering works;

c) Opinions/approvals established by the urbanism certificate referred to in lit. b), including opinions/approvals in principle, as applicable: (i) opinion in principle for the permanent removal from the national forest fund;

(ii) Favorable conditional location opinions for the relocation of electricity, natural gas and oil transport and distribution systems/networks, as well as other utility networks located on the expropriation corridor;

(iii) List of land located outside the town limits removed from agricultural circulation that are subject to the expropriation procedure, located on the expropriation corridor site, as well as the technical opinion, if applicable, for the placement of constructions executed in the area of land improvement arrangements, issued by the National Agency for Land Improvements and files in digital vector format in the national protection system;

d) Opinion/administrative act of the competent public authority for environmental protection;

e) Specialized studies;

f) Project for building authorization, including architectural and landscape documentation.

(2) Documentation for authorizing intervention works on constructions related to national interest transport infrastructure shall be prepared based on a technical expertise or the agreement of the original designer, as applicable.

(3) Documentation for authorizing the execution of any type of works concerning installations with railway specifics is not subject to the technical verification regime established by this code.

(4) Maintenance works on communication routes and related installations that do not modify the load-bearing structure, initial characteristics of constructions or their architectural appearance may be executed without a building permit.

(5) Documentation for authorizing the construction of a new public road or substantial modification of an existing public road included in the road network contains road safety audit reports, prepared in accordance with legal provisions on traffic safety management on road infrastructure, as amended and supplemented.

Article 331 - Opinion in principle for the permanent removal of land from the national forest fund

(1) For national interest transport infrastructure projects, the opinion in principle for the permanent removal of land from the national forest fund is issued by the central public authority responsible for forestry, for areas of 1 ha or more, and by the territorial specialized structures of the public authority responsible for forestry, for areas smaller than 1 ha, within 10 days from the date of submission of the application for its issuance, accompanied by the technical memorandum, the location plan of the investment objective.

(2) The handover to the beneficiary or developer of the national interest transport infrastructure project of the forest land, for which the opinion in principle for permanent removal from the national forest fund has been issued, shall be made only after the beneficiary or developer obtains the approval for permanent removal of the land from the national forest fund from the competent authority and under the conditions of Law no. 331/2024, as amended and supplemented, as well as the building/demolition permit.

Article 332 - Documents proving the right to execute necessary for the issuance of the building/demolition permit for transport infrastructure

(1) Documents proving the right to execute on the basis of which the building/demolition permit may be issued for construction works concerning the development, rehabilitation, consolidation or modernization of national interest transport infrastructure are the following:

a) For interventions on existing constructions: the concession contract and the corresponding position of the property in the annex thereto for properties in the public domain, inventory list for properties owned by the beneficiary and/or based on the agreement/opinion and under the conditions established by the entity holding the properties in administration/in concession;

b) For new constructions: (i) affecting private properties: expropriation decision or, as applicable, notarial agreement of the owner;

(ii) affecting properties in state public ownership, administered by other entities: Government decision referred to in art. 5 of Law no. 255/2010, as amended and supplemented, or their agreement/opinion, as applicable;

(iii) affecting properties in public ownership of administrative-territorial units: Government decision referred to in art. 5 para. (11) of Law no. 255/2010, as amended and supplemented, and notification or, as applicable, their agreement.

(2) The provisions referred to in lit. a) and b) are also applicable to situations where for the implementation of national interest transport projects other works are also necessary, namely utility relocations, land improvement works, hydrotechnical works, other works, as applicable.

Article 333 - Deadlines for issuing opinions and approvals for national interest transport infrastructure

(1) For national interest transport infrastructure projects, the opinions/approvals requested through the urbanism certificate, as well as any opinion/approval in principle for the removal of land from the national forest fund or, as applicable, favorable conditional location opinions for the relocation of electricity, natural gas and oil transport and distribution systems/networks, as well as other utility networks located on the expropriation corridor are issued within a maximum of 10 calendar days from the date of submission of the request to the issuing authority.

(2) The issuance of the opinions and approvals mentioned in section (1) shall be carried out on the basis of the site plan of the investment objective, the technical memorandum and the specific synthetic documentation. The opinions shall mandatorily include the positioning of utility networks or the location of land affected by removal from the forest fund. Within the deadline provided in section (1), the entities that issue the opinions requested through the urbanism certificate shall issue, only once, conditional opinions, substantiated on technical and economic grounds, as appropriate.

(3) The opinion of the central public administration authority competent in the field of cultural heritage protection or its deconcentrated services shall be issued within a maximum of 15 working days from the date of receipt of the complete specific documentation.

(4) For national interest transport infrastructure projects, the competent authority for environmental protection is obliged to issue the regulatory act within 5 working days from the date on which the public debate provided for in art. 19 of annex no. 5 to Law no. 292/2018 on the assessment of the impact of certain public and private projects on the environment, as subsequently amended, was completed.

(5) Through technical clarifications or modifications substantiated on technical and economic grounds, as appropriate, requested in accordance with section (2), no other technical solutions shall be imposed than those provided in the opinion of principle granted at the feasibility study stage, in accordance with Government Decision no. 907/2016 on the stages of elaboration and framework content of technical-economic documentations related to investment objectives/projects financed from public funds, as subsequently amended and supplemented, and internal approval procedures of the issuing entities are excluded.

(6) In the situation where, even after the 5 calendar days provided in section (4), the opinions or approvals have not been issued, they shall be deemed issued, and the building authorization procedure may continue on the basis of proof of registration of the documentation with the authority issuing the opinions/approvals.

(7) The provisions of sections (1), (5) and (6) shall apply accordingly for utilities identified additionally to those provided in the opinion of principle agreement issued, at the feasibility study stage, by the entities competent for issuing the approvals/opinions requested through the urbanism certificate.

(8) The mechanism and deadlines for issuing the opinions and authorizations provided in this section shall also apply to investment projects whose value falls within the thresholds provided in art. 42 section (1) lit. a) of Law no. 500/2002 on public finances, as subsequently amended and supplemented, as well as to infrastructure projects financed from European funds implemented by regional operators, as defined in art. 2 lit. h) of Law on public utility community services no. 51/2006, republished, as subsequently amended and supplemented.

Article 334 - Issuance of building/demolition authorization for transport infrastructure works

(1) The building/demolition authorization for transport infrastructure works shall be issued for the execution of basic works within a maximum of 15 days from the date of submission of the complete documentation for the authorization of the execution of construction works.

(2) At the request of the beneficiary of the national interest transport infrastructure project, building/demolition authorizations may be issued by lots, sections, sectors or work objects, conditioned on the submission of complete technical documentations accompanied by the opinion/administrative act of the competent public authority for environmental protection, the opinions/approvals provided by the urbanism certificate or the favorable conditional principle opinions/site opinions related thereto, as appropriate.

(3) In cases where the building/demolition authorization was issued on the basis of the opinions/approvals provided in the urbanism certificate necessary for the issuance of the building/demolition authorization, the work holder is obliged to submit to the issuer of the building/demolition authorization the opinions/approvals or, as appropriate, the site opinions, for the removal of land from the forest fund or for the relocation of transport and distribution systems/networks of electrical energy, natural gases and oil, as well as other utility networks located on the expropriation corridor until the date of signing the reception report at the completion of the works.

(4) In the situation where, following the analysis of the documentation necessary for the issuance of the building authorization by the competent authority, it is found that it is incomplete, requires technical clarifications or modifications, this shall be notified, only once, in writing, to the work beneficiary, within 5 working days from the date of submission of the documentation, mentioning all elements necessary for its completion/modification, within the deadline provided in section (1).

(5) In the situation where the competent authorities for issuing the building authorization do not issue the building authorizations within the deadline provided in section (1), the documentation submitted by the work beneficiary shall be deemed complete.

(6) In the case provided in section (5), the competent authorities for issuing the building authorization are obliged to issue the building authorizations within 5 calendar days from the expiration of the deadline provided in section (1) for complete documentations.

(7) In accordance with the provisions of Government Emergency Ordinance no. 27/2003 on the procedure for tacit approval, approved with amendments and supplements by Law no. 486/2009, as subsequently amended and supplemented, building authorizations whose issuance falls within the competence of the Ministry of Transport and Infrastructure shall be deemed granted if they have not been issued within the deadline provided in section (1). In the case of tacit approval of the building authorization, the Ministry of Transport and Infrastructure is obliged to issue the official document within 5 working days from the date of tacit approval.

(8) For national interest transport infrastructure projects, in the situation where building authorizations are not issued, under the conditions of section (5), by competent authorities other than the Ministry of Transport and Infrastructure, the building authorization shall be issued by the Ministry of Transport and Infrastructure, under the conditions provided in this article.

Article 335 - Validity of building/demolition permits and urban planning certificates, approvals and agreements issued for the execution of national interest transport infrastructure works

(1) For national interest transport infrastructure projects, building/demolition permits, urban planning certificates, approvals, agreements, where applicable, and site location approvals maintain their validity throughout the entire period of project implementation, from the date of issuance until the completion of the works for which they were issued, respectively until the date of signing the final acceptance report of the works.

(2) The provisions of para. (1) do not apply if, during the execution of the works, new elements are identified that require the repetition of the approval procedures provided by law, unknown at the date of issuance of the permits.

(3) National interest transport infrastructure projects are exempt from the payment of any taxes or fees requested through urban planning certificates and established by decisions of local or county councils.

(4) As a result of issuing the building permit for national interest transport infrastructure, respectively for projects of public interest as defined by law, for buildings located on land situated on the expropriation corridor, a demolition permit is no longer necessary. The building permit grants the right to demolish existing buildings on the expropriation corridor. The issuing public authorities are obliged to mention in the building permit the existing buildings on the expropriation corridor to be demolished, as they are registered in the urban planning certificate.

Article 336 - Regularization permit for national interest transport infrastructure projects

(1) The regularization permit for national interest transport infrastructure projects is issued for buildings executed without a building permit or in breach of its provisions.

(2) The regularization permit for national interest transport infrastructure projects is issued by the central authority in the field of transport based on technical expertise prepared in accordance with the law.

(3) In order to substantiate the decision regarding the maintenance or demolition of buildings executed without a building permit or in breach of its provisions, the results of the technical expertise are subject to approval by the Technical-Economic Council of the Ministry of Transport and Infrastructure for the analysis of the conformity of the executed works with the technical execution project prepared in accordance with the law and in compliance with the conditions of the environmental agreement or the opinion of the competent authority issued in compliance with environmental protection legislation.

(4) The decision on maintenance/demolition of buildings is approved by order of the minister of transport and infrastructure and forms the basis for issuing regularization/demolition permits.

Article 337 - Building/demolition permit as a matter of urgency for national interest transport infrastructure projects

In order to authorize the execution of urgent intervention works on national interest transport infrastructures, the provisions of art. 283 of this code apply.

Article 338 - Technical-economic documentation for transport infrastructure

(1) Technical-economic documentation is prepared in design phases.

(2) In the case of new investment objectives, the following documentation is prepared:

a) pre-feasibility study or feasibility study, as applicable;

b) project for building authorization;

c) technical execution project.

Article 339 - Preparation of technical-economic documentation

(1) Technical-economic documentation is prepared by authorized economic operators or natural persons who provide design services in the field.

(2) The preparation of the pre-feasibility study or feasibility study or documentation for approving intervention works is conditional on prior approval by the investment beneficiary of the substantiation note.

Article 340 - Technical execution project

(1) The technical execution project is the documentation through which the designer develops, details and, where applicable, optimizes, through technical proposals, the scenario/option approved in the feasibility study/documentation for approving intervention works and presented in the project for building authorization.

(2) The technological component of the technical solution may be finalized or adapted to appropriate technologies applicable for achieving the investment objective, at the design phase - technical execution project, under the conditions of respecting the approved technical-economic indicators and the building/demolition permit.

(3) The technical execution project for any type of works concerning installations with railway specifics is not subject to the technical verification regime established by this code.

Article 341 - Maintenance and current repair works on transport infrastructure

(1) The provisions of this chapter do not apply to maintenance and current repair works on transport infrastructure and its related installations.

(2) For the works provided in para. (1), it is not necessary to go through the procedure for authorizing construction works or the simplified notification procedure.

Article 342 - Railway transport infrastructure works executed without any formality

(1) The following works on railway transport infrastructure with intervention character concerning the maintenance and/or repair of railway transport infrastructure in order to preserve the condition and capacity of existing infrastructure may be executed without any formality and include:

a) works for sequential replacement of track superstructure elements, namely the rail-sleeper assembly, track devices, fastening elements and ballast, level crossing elements executed at the same location, without modifying the track position in plan;

b) railway infrastructure maintenance works, including consolidations;

c) works for renewal of track infrastructure elements;

d) punctual works for eliminating speed restrictions;

e) works for replacement of elements of specific railway installations for signalling, safety, electronic communications and electrification;

f) works for renewal and modernization of railway-specific installations for signalling, safety, electronic communications and electrification.

(2) The works provided for in para. (1) lit. d)-e) refer to interventions on:

a) fixed installations for safety and operational management of railway traffic, related to railway lines belonging to public railway infrastructure;

b) equipment and installations for traffic safety and shunting operations in railway network yards;

c) fixed railway electronic communications networks;

d) fixed electrical traction installations, namely power supply, contact line, protection of installations in the railway and surrounding area.

Article 343 - Competent public authority for issuing the building/demolition permit in the energy field

Authorization of building/demolition works related to projects of national importance in the field of natural gases is issued by the competent central public administration authority in the field of energy and energy resources.

Article 344 - Special provisions regarding authorization of engineering works in the energy field

(1) Construction works concerning the implementation, development or relocation of national systems/networks for the transport of electrical energy, natural gas and oil, gasoline, ethane, condensate, carried out by holders of licenses, authorizations and petroleum agreements, are exempted from the obligation to submit the title to the land as part of the documentation required to obtain the building/demolition permit, the license, concession agreement or petroleum agreement being the documents on the basis of which the building/demolition permit is issued, with notification and payment of compensation, annuities, damages, as the case may be, to the owners, together with proof of fulfillment of the following obligations:

a) in the case where the owners are identified, by prior conclusion of an agreement between the parties, the payment term being 30 days from the conclusion of the agreement;

b) in the case where the owners are not identified, by proof of prior deposit in accounts opened in the name of the holders of licenses, authorizations and petroleum agreements of the sums of money related to compensation, annuities and damages, as the case may be, for the respective properties;

c) in the case where, although the owners are identified, they refuse to conclude the agreement, by proof of prior deposit at their disposal, within 60 days from the date on which they were notified to appear for the purpose of signing the agreements, but did not appear or refused to conclude the agreement, of the sums related to compensation, annuities and damages, as the case may be, for projects of public interest.

(2) By exception to art. 254 para. (10) regarding the urbanism certificate and presentation of the title to the property, lands that are not registered in the cadastral records and land register can be identified by the plot and parcel number, by title of ownership and deed of possession, as well as by any other method of identification provided by law, for the purpose of issuing the urbanism certificate.

(3) The provisions of para. (1) are also applicable to the building permit for the execution of construction works necessary for carrying out geological exploration/prospecting and exploitation of oil and natural gas operations, as well as for the execution of construction works concerning the implementation, development, modernization, retechnologization, rehabilitation and revision of national systems/networks for the transport of electrical energy, natural gas and oil, gasoline, ethane, condensate, at the request of the holders of licenses/permits/authorizations.

(4) By exception to the provisions of art. 262 para. (1) lit. b) regarding the title to the property, the building permit is issued, with notification and payment of compensation/indemnities to the owners, under the conditions of the law, on the basis of any of the following documents: the lease contract, license, concession agreement or petroleum agreement.

(5) For the execution of construction works necessary for carrying out geological exploration/prospecting and exploitation of oil and natural gas operations, as well as for the execution of construction works concerning the implementation, development, modernization, retechnologization, rehabilitation and revision of national systems/networks for the transport of electrical energy, natural gas and oil, gasoline, ethane, condensate, of national or county importance, as the case may be, carried out by holders of licenses, authorizations and petroleum agreements, for which any of the following documents: the lease contract, license, concession agreement or petroleum agreement serves as title to the property for obtaining the building permit, it is necessary for the beneficiary to submit the following evidence regarding the fulfillment of the obligations of notification and payment of indemnities/compensation, as follows:

a) the lease contract/agreement between the parties, the payment term for indemnities/compensation being 30 days from the conclusion of the lease contract/agreement, in the case where the owners are identified;

b) proof of prior deposit, in accounts opened in the name of the holders of licenses, authorizations and petroleum agreements, of the sums of money related to compensation, indemnities, as the case may be, for the respective properties, in the case where the owners are not identified;

c) proof of prior deposit, at their disposal, within 60 days from the date on which they were notified to appear for the purpose of signing the agreements, but did not appear or refused to conclude the agreement, of the sums related to compensation/indemnities, in the case where the owners are identified, but do not appear or refuse to conclude the agreement.

(6) The provisions of para. (1) and (2) also apply in the situation where it is necessary, for the implementation of transport infrastructure projects, the relocation of utility networks, namely the distribution network of electrical energy, natural gas, water, sewerage and national systems/networks for the transport of electrical energy, natural gas and oil, gasoline, ethane, condensate.

(7) Upon termination of rental contracts, holders of licenses/permits/authorizations are obligated to restore the land that was the subject of these contracts to its previous condition, unless the parties have agreed otherwise.

(8) For construction works concerning the development, rehabilitation, consolidation or modernization of transport infrastructure that are not registered in the land register, an extract from the centralized inventory of assets belonging to the state public domain, made available by the asset administrator/administrators or by the principal budget holder under whose subordination, coordination or authority it operates, and/or a copy of the expropriation decision are documents on the basis of which the building authorization is issued.

(9) In cases where transport infrastructure projects affect land in the state public domain administered by public institutions and specialized bodies of central public administration or local public authorities, companies, autonomous state enterprises and similar entities, the authorization shall be issued on the basis of the agreement and under the conditions established by the urbanism certificate issued by the public authority, in accordance with legal provisions.

Article 345 - Special provisions regarding the authorization of electronic communications networks and related physical infrastructure works

(1) Minor works, small-scale works and standard works, as defined by Law no. 198/2022, are carried out in accordance with the formalities provided by the provisions of that law.

(2) The categories of works provided for in art. 35 of Law no. 198/2022 are authorized in accordance with the provisions of this code, respecting the provisions of Law no. 198/2022.

(3) Building authorizations for the installation of electronic communications networks, as well as building authorizations for the installation of physical infrastructure necessary for these networks, are issued in compliance with the technical standards provided by the legislation governing the physical infrastructure regime of electronic communications networks, and, as appropriate, on the basis of technical standards for the design and construction of the structures on which they are located.

(4) Installation, modification or replacement by operators of radio access points with restricted coverage area that comply with the physical and technical characteristics established by the European Commission through Implementing Regulation (EU) 2020/1.070 of 20 July 2020 specifying the characteristics of radio access points with restricted coverage area pursuant to art. 57 para. (2) of Directive (EU) 2018/1.972 of the European Parliament and of the Council establishing the European Electronic Communications Code, is carried out without the need to obtain the building/demolition authorization provided for in this code.

(5) Installation, modification or replacement by operators of radio access points with restricted coverage area that comply with the physical and technical characteristics established by the European Commission through Implementing Regulation (EU) 2020/1.070, which involves the use of historic monument buildings, buildings with architectural or historical value, established through approved urbanism documentation, is carried out in compliance with the prior notification procedure provided for in art. 295 para. (5).

(6) Land on which special telecommunications networks or elements of physical infrastructure necessary to support them are to be installed or developed, which are not registered in the cadastral and land register records, may be additionally identified beyond the provisions of art. 37 lit. a) of Law no. 198/2022, on the basis of the topographic plan received by the Cadastral and Land Publicity Office bearing the signature and stamp of the legal owner of the land, with the notation "I certify the location".

(7) For special telecommunications infrastructure projects that affect land in the state public domain, administered by public institutions and specialized bodies of central public administration or local public authorities, companies, autonomous state enterprises and similar entities, the authorization may be issued on the basis of the agreement and under the conditions established by the special legislation in force, by the institution that has the land under administration.

Article 346 - Authorization of construction works with special character

(1) Authorization for the execution of construction/demolition works with special character, whether buildings or engineering works, is carried out by institutions in the defense, public order and national security system, on the basis of common procedures established jointly with the competent central public administration authority in the field of regulating construction authorization and the competent central public administration authority in the field of protecting cultural heritage, under the conditions of the law and applicable urban planning regulations.

(2) The building/demolition authorization, issued by institutions authorized to authorize construction works with special character, is signed by the head of the issuing institution or by the person delegated by him, by the head of the specialized structure with responsibilities for authorizing the execution of construction works from the apparatus of the issuing institution and the person within the specialized structure who prepares the respective authorization who meets the requirements for professional training specific to the chief architect function, in accordance with the provisions of art. 126. Responsibility for issuing the authorization rests with the signatories, in accordance with the responsibilities established under the law.

(3) Urban planning regulations for areas with special designation highlighted in urbanism documentation approved in accordance with the law with the symbol DS, owned or administered by SNAOPSN, shall not include specifications regarding buildings and buildable area. These are established based on the activities imposed by the design brief and in agreement with the technical-economic documentation approved under the conditions of the law, as well as in correlation with the characteristics of the area in which the military or special objective is located, included in the PUG.

(4) Works for the placement of relocatable or mobile buildings, containers, cabins, canopies and similar structures, which are placed at ground level, without foundations, with or without connection and/or connection to the electrical power and/or water and sewage network, may be carried out on the basis of a placement permit.

(5) In accordance with the provisions of art. 251, construction works for furniture and exterior arrangements, containers, cabins, canopies and similar structures may be executed without a building permit, based on a location notice issued by institutions within SNAOPSN, with or without connection and/or branching to the electricity supply network and/or water and sewerage network, necessary for the conduct of specific activities in the premises of properties owned/administered by institutions with responsibilities in the field of defence, public order and national security.

Article 347 - Preliminary approval for the permanent removal of land from the national forest fund for special-purpose works

(1) For special-purpose infrastructure projects of SNAOPSN institutions, the preliminary approval for the permanent removal of land from the national forest fund is issued by the central public authority responsible for forestry, for areas larger than 1 ha inclusive, and by the territorial specialized structures of the public authority responsible for forestry, for areas smaller than 1 ha, within 10 days from the date of submission of the request for its issuance, accompanied by the technical memorandum, the site plan of the investment objective, the opinion/administrative act of the competent public authority for environmental protection and proof that the land for which the preliminary approval is requested is public property of the state.

(2) The transfer to the beneficiary or executor of the special-purpose infrastructure project of national interest of the forest land, for which the preliminary approval for permanent removal from the national forest fund has been issued, is made only after the beneficiary or developer obtains the approval for permanent removal of the land from the forest fund from the competent authority and under the conditions of Law no. 331/2024, as subsequently amended and supplemented, as well as the building/demolition permit.

Article 348 - Execution of special-purpose works based on international treaties

The execution of special-purpose construction works, which are carried out based on treaties/agreements in force to which Romania is a party, is regulated by the implementation arrangements/technical agreements/understandings/implementation memoranda of the respective treaties, adopted in accordance with applicable legislation, provided that the technical documentation is approved in accordance with applicable legislation.

Article 349 - Authorization of works on properties with special regulations and in their protection zones

For the authorization of construction/demolition works in zones and on properties with special regulations, as well as within the protection zones of these and national infrastructure, the following notices/approvals must be obtained, as applicable:

a) for works executed in protected built-up zones, the approval notice of the competent central public administration authority in the field of cultural heritage protection or its deconcentrated structures shall be obtained, as applicable;

b) for works executed in the safety and protection zones of transport infrastructure of national public interest, established through territorial planning and/or urban planning documents, the notice/approval of the competent local public administration authority shall be obtained, in accordance with legal provisions;

c) for works executed in the safety and protection zones of transport infrastructure of national interest, established through territorial planning documents and/or urban planning documents, the notice/approval/authorization of the competent central public administration authority in the field of transport shall be obtained, directly or through units under its authority/subordination, in accordance with specific legal provisions;

d) for works executed in the perimeters adjacent to buildings representing farm annexes of agricultural operations, delimited through urban plans respecting the distances provided by applicable sanitary standards, in which a restriction regime has been established regarding the placement of residential buildings and socio-economic objectives, the notice of the county directorate for agriculture and rural development, respectively of Bucharest municipality, shall be obtained, with the exception of works necessary for the implementation of special telecommunications networks;

e) for works executed in the proximity of properties with special or specific character and/or in the perimeters/protection zones of these, established through territorial planning and/or urban planning documents or under the conditions provided by art. 95 para. (2) of this code, the notice of institutions within SNAOPSN shall be obtained, as applicable, to clarify compliance with limit distances and the manner in which these are included in the documents concerning building authorization and for compliance with other specific conditions.

Article 350 - Authorization of works in the protection zones of railway infrastructure and in zones subject to aeronautical easements

(1) In the case of works provided for in art. 349 which are carried out in the safety and protection zone of transport railway infrastructure, it is necessary to obtain notices and approvals in accordance with the provisions of Government Emergency Ordinance no. 12/1998, republished, as subsequently amended and supplemented.

(2) For situations established in approved urban planning documents, as well as in the case of modification of local urban planning regulations, in zones subject to civil aeronautical easements, the notice of the Romanian Civil Aviation Authority is necessary, issued in the exercise of the safety supervision function that belongs to it, and in the case of civil aerodromes used also as operating bases for state aircraft, the notice of the Romanian Civil Aviation Authority and the Ministry of National Defence is necessary.

Article 351 - State control in the field of authorization of construction works and construction discipline

(1) Control over the authorization of construction works and construction discipline is exercised by:

a) I.S.C., which exercises state control over the authorization of construction works and construction discipline;

b) the mayors of administrative-territorial units, the presidents of county councils, the chief architect of the county through local police officers from the specialized department or, as the case may be, control bodies at the level of local public authorities;

c) control bodies designated within the competent central public authorities in the field of transport, in the case of control regarding construction discipline, exercised on works, objectives/investments related to transport infrastructure of national interest.

(2) By exception to the provisions of para. (1), the Ministry of National Defence, the Ministry of Internal Affairs, the National Administration of Penitentiaries, the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service, the National Administration of State Reserves and Special Issues and the Protection and Guard Service exercise state control over the uniform application of legal provisions in the field of construction quality, at all stages and components of the construction quality system, establish contraventions, apply the sanctions provided by law and, as the case may be, order the suspension of improperly executed works, for constructions, arrangements and installations related to military and special objectives within them, through their own control structures, whose organization and operation mode is established by orders of the leaders of the respective institutions.

Article 352 - Financing of state control, necessary to ensure the technical regulation process in the field of authorization of construction works, construction discipline and certain activities of public interest

(1) Investors or owners have the obligation to transfer to I.S.C. a sum equivalent to a rate of 0.5% of the value, without VAT, of the works for the realization of new constructions and intervention works on existing constructions for which building/demolition permits are issued, under the conditions of the law, with the exception of investors/owners who carry out intervention works for the consolidation of residential buildings classified in seismic risk class I, as well as in other cases expressly provided by special laws.

(2) The sum equivalent to the 0.5% rate provided in para. (1) is determined and transferred to I.S.C. as follows:

a) 50% of the sum equivalent to the 0.5% rate applied to the value of authorized works is transferred by investors or owners on the date of transmission to I.S.C. of the notification regarding the date of commencement of authorized works, as provided in art. 278;

b) the sum resulting as the difference between the sum equivalent to the 0.5% rate applied to the final value, without VAT, of the executed works and the sum transferred according to the provisions of lit. a), as well as any sums related to legal rates paid previously are transferred by investors or owners by the date of signing the reception report at the completion of the works.

(3) Delay in payment of the sums established according to the provisions of para. (2) lit. a) and b) is penalized with 0.15% per day of delay.

(4) I.S.C. uses 50% of the fund thus constituted to fulfill its duties, according to the legal provisions, and transfers monthly 50% of this fund to the account of the ministry responsible in the field of territorial planning, urbanism and construction.

(5) The sums transferred by I.S.C., under the conditions of this code, constitute own revenues of the ministry responsible in the field of territorial planning, urbanism and construction, from which current expenses and capital expenses are made for:

a) the activity of regulation in construction, including the contracting of the development of technical regulations and specific regulation activities;

b) the execution through the National Investment Company "C.N.I." - S.A. of certain categories of services and works within the "National program of constructions of public or social interest";

c) the activity of technical-professional certification of construction specialists;

d) the organization and management of specific databases regarding constructions, technical regulations, notified/designated/accredited/qualified bodies, construction products and construction specialists with technical-professional certification.

(6) Available balances at the end of the year from own revenues are carried forward to the following year and have the same purpose.

(7) Personnel expenses include the payment of participation allowance for specialists as members in committees/commissions/councils for technical advice, as well as in examination commissions for technical-professional certification of construction specialists.

(8) The amount of participation allowance for specialists as members in the committees/commissions/councils provided in para. (7) is calculated based on the number of hours related to the analysis of documentation and participation in advice meetings and based on the amount of the basic gross salary of the position of university professor with seniority in education over 25 years, grade 0, provided in ch. I, lit. A, point 4, no. 1 - "University professor position" from Annex I - Occupational family of budgetary positions "Education" - to Framework Law no. 153/2017 on the remuneration of personnel paid from public funds, with subsequent amendments and additions, according to the following formula: I = (Spu / Nmed) × n, where: - I is the amount of participation allowance for members in specialized technical committees and in the general technical coordination committee;

- Spu is the basic gross salary established for the position of university professor with seniority in education over 25 years, grade 0, for the year 2022, according to Framework Law no. 153/2017, with subsequent amendments and additions;

- Nmed is the average number of hours per month for the current year for a complete work program according to the provisions of the Government Decision for establishing the minimum basic gross salary per country guaranteed in payment, applicable;

- n is the number of hours related to effective participation in the technical regulation advice procedure, provided by a member of the specialized technical committees or the general technical coordination committee.

(9) The costs necessary for assessing the conformity of construction products, European technical assessment for construction products, development and approval of technical agreements in construction, technical and professional certification and authorization of specialists with activities in construction, authorization and accreditation of laboratories in construction, verification of projects and execution of construction works, technical expertise of projects and constructions, certification of energy performance and energy audit of buildings, technical inspection in operation of equipment and technological installations, as well as installations for construction, quality management in construction, metrological verifications, reception of works, monitoring of behavior in operation and intervention on existing constructions, as well as post-use of constructions shall be borne by the interested parties.

Article 353 - Control exercised by the State Construction Inspectorate - I.S.C.

(1) I.S.C. exercises state control with regard to the activities of competent local public authorities and the competent central public administration authority in the field of transport, in the field of authorization of construction works, as well as discipline in construction, throughout the country.

(2) The State Construction Inspectorate - I.S.C. or the competent control body of the local public authority orders the cessation of execution of construction, intervention, arrangement, change of destination or demolition works, when it finds that these are carried out without authorization, in violation of the provisions of the authorization or on the basis of authorizations issued in violation of the legal provisions, established through final court decisions or by violating the other procedures provided by this law.

(3) Together with the order to cease execution of works, measures are also ordered to preserve the works already executed, by specialty, at the expense of the developer.

(4) I.S.C. and county construction inspectorates notify the public administration authority on the territory where the control was carried out and the competent central public administration authority in the field of transport, as appropriate, of the findings and measures ordered.

(5) In the situation described in paragraph (4), the control bodies of county councils, local councils or the competent central public administration authority in the field of transport, as appropriate, have the obligation to monitor the manner of compliance with the measures ordered by I.S.C.

(6) Concurrently with the order to cease execution of works, under the conditions of paragraph (2), together with the application of the administrative fine, the body applying the fine may also order the following measures:

a) may prohibit the entry of any person on the construction site, except for persons with control duties in the field of territorial planning, urbanism and construction, until the authorization for the works is issued. In the event that together with the application of the administrative fine, the removal of works executed without authorization or in non-compliance with its provisions has been ordered, access to the construction site will be permitted to other persons, but only for the limited purpose of removing the works;

b) may apply seals or other distinctive marks with the value of a seal to prevent unauthorized access to the construction site, in the event that it has prohibited entry to the construction site under the conditions provided in lit. a);

c) may order disconnection from the site organization utilities necessary for the execution of the works. The adoption of the measure to disconnect from the site organization utilities shall be brought to the attention of utility network operators by communicating an address issued by the body that ordered the measure.

(7) The form of seals and distinctive marks provided in paragraph (6) lit. b) shall be established by an act adopted by the body under which the person applying the fine operates. Breaking seals or legally applied distinctive marks constitutes a criminal offense and shall be sanctioned in accordance with the provisions of art. 260 of Law no. 286/2009 on the Criminal Code.

(8) The body that ordered the cessation of execution of works, under the conditions of paragraph (2), shall carry out frequent and unannounced inspections through its authorized representatives, so as to ensure that the measure to cease execution of works is respected.

(9) In the event that, following an inspection carried out under the conditions of paragraph (5), the body that ordered the cessation of execution of works finds that the measure ordered is not being respected, it may order in addition one or more of the measures provided in paragraph (6). The new measures shall be ordered by the body carrying out the inspection through a written order which is enforceable from the date of its communication. In the event that one of the measures ordered is materialized through the application of seals or other distinctive marks with the value of a seal. The written order has only the purpose of establishing the application of seals or distinctive marks with the value of a seal.

(10) The measures ordered through the order issued in accordance with the provisions of paragraph (4) may be contested by the interested party in accordance with the provisions of Law no. 554/2004, as subsequently amended and supplemented.

(11) At the same time, in the event that following an inspection the body carrying out the inspection finds that the measure to cease execution of works is not being respected, it has the obligation to immediately notify the criminal prosecution bodies regarding the commission of the criminal offense provided in art. 356 paragraph (1) lit. b).

(12) I.S.C. and county construction inspectorates communicate to the public administration authority on the territory where the control was carried out and the competent central public administration authority in the field of transport, as appropriate, the findings and measures ordered.

(13) In the situation provided in paragraph (10), the control bodies of county councils, local councils or the competent central public administration authority in the field of transport, as appropriate, have the obligation to monitor the manner of compliance with the measures ordered by I.S.C.

Article 354 - Control exercised by local public administration authorities

(1) Mayors, local police officers from the specialized department or, as applicable, control bodies within local public administration authorities have the obligation to monitor compliance with discipline in the field of authorizing construction work execution and construction discipline within their administrative-territorial units and, depending on the violation of legal provisions, to apply the sanctions provided for contraventions within their area of competence or to address the courts and criminal prosecution bodies, as applicable, and to order the cessation of work execution carried out without authorization, in violation of the authorization provisions or based on authorizations issued in violation of legal provisions, as established by final court rulings.

(2) The president of the county council, the chief architect of the county and control bodies within the specialized structures under their authority monitor compliance with discipline in the field of authorizing construction work execution and construction discipline, as well as compliance with discipline in urbanism and territorial planning related to the construction authorization process, establish and sanction contraventions within their area of competence committed on the administrative territory of the county.

(3) The minutes of contravention establishment, drawn up by local police officers from the specialized department or, as applicable, by control bodies of local public administration authorities, are submitted, for the purpose of applying the sanction, to the head of the specialized structure in the field of territorial planning, urbanism or, as applicable, to the president of the county council or the mayor of the administrative-territorial unit or of the sector of Bucharest municipality in whose area the contravention was committed.

(4) Failure to fulfill the duties regarding the exercise of control over the manner of compliance with territorial planning documentation and urbanism documentation, in accordance with the provisions of para. (1), is sanctioned in accordance with art. 357.

Article 355 - Control exercised by the competent central public authority in the field of transport

In addition to the authorities provided for in art. 351 para. (1) lit. a) and b), the competent central public authority in the field of transport, through designated control bodies, has the obligation to monitor compliance with discipline in the field of authorizing construction work execution and, depending on the violation of legal provisions, to apply sanctions or to address the courts and criminal prosecution bodies, as applicable.

Article 356 - Offences against the authorization regime

(1) The following acts constitute offences and are punished with imprisonment from 3 months to one year or with a fine, in accordance with Law no. 286/2009, as subsequently amended and supplemented:

a) execution without a building or demolition authorization, or in non-compliance with its provisions of construction or demolition work on all categories of historical monuments established in accordance with the special law, according to the updated List of historical monuments, including their annexes identified in the same property - land and/or buildings, in the protection zone of historical monuments and in protected built-up areas, on buildings located in protection zones of monuments and in protected built-up areas, established in accordance with the law, or on buildings with special architectural or historical value, established through approved urbanism documentation, as well as in areas with special character provided for in art. 184 of this code;

b) continuation of work execution after the order to cease work has been issued by the competent control bodies, in accordance with the law, as well as breaking of seals or distinctive marks legally applied in accordance with art. 353 para. (6) lit. b);

c) the act of a person drawing up, signing or verifying, as applicable, feasibility studies, documentation for approving intervention work, technical documentation for authorizing construction work execution, as well as technical projects and execution documentation for specialties other than those certified by university diploma or technical-professional certificate, in accordance with legal provisions.

(2) The cessation of work execution may also be ordered by the prosecutor, during criminal prosecution.

Article 357 - Contraventions against the authorization regime

(1) The following acts constitute contraventions, if they were not committed under such conditions that, in accordance with criminal law, they would be considered offences:

a) execution without prior notification or in non-compliance with the notified project of construction, intervention, planning or demolition work;

b) execution without a building, demolition, regularization or modification authorization or in non-compliance with its provisions of construction, intervention, planning or demolition work;

c) approval of the supply of urban utilities, as a result of the execution of connection and connection work to networks for buildings carried out in non-compliance with legal provisions;

d) failure to fulfill the obligation to notify public authorities in advance regarding the commencement of construction, intervention or planning work for which a building/demolition authorization is not required under the conditions of the law;

e) maintenance of buildings, works and facilities with a temporary character after the expiration of the period for which they were authorized, in the situation where they affect the public domain, or adaptation for purposes other than those provided for in the authorization;

f) failure to bring the land to its initial state by the contractor, after the completion of work, as well as failure to carry out cleaning, planning or clearing work, as applicable, of the site and/or adjacent land temporarily occupied during execution, upon completion of the main work, when this is necessary in accordance with legal provisions or the issued authorization;

g) failure to fulfill the obligation to restore to the previous state the land that was the subject of lease contracts by the holders of licenses/permits/authorizations;

h) failure to display the investment identification panel;

i) obstruction or evasion of control, by prohibiting access to authorized control bodies or by failure to present documents and acts requested in a copy certified as conforming to the original;

j) failure to notify the date of commencement of authorized construction works to the public administration authorities that issued the authorizations, as well as to I.S.C.;

k) issuance of construction, demolition, regularization or modification authorizations without complying with the conditions provided in Part V;

l) failure to issue or issuance beyond the legal deadline of the urbanism certificate, construction, demolition, modification or regularization authorization, or unjustified return of documentation for obtaining the urbanism certificate or for authorizing the execution of construction/demolition works;

m) requesting through the urbanism certificate opinions or approvals that lack technical and/or legal basis in relation to the project's object;

n) failure to comply with the deadline for issuing opinions and approvals issued through the Single Agreement Commission in accordance with art. 269 para. (3);

o) failure to organize and exercise control over discipline in the authorization or execution of construction works by the competent functional departments within the own apparatus of county councils and administrative-territorial units, as well as failure to monitor compliance with the measures ordered by I.S.C.;

p) failure to fulfill, within the established deadline, the measures ordered by the State Construction Inspectorate - I.S.C. or by the county chief architect and the control bodies within the specialized structure headed by the chief architect, during prior inspection;

q) issuance of administrative acts without requesting and obtaining the opinion of the specialized structure of the county council under the conditions provided by art. 121 para. (2) lit. g);

r) commencement of execution of construction or demolition works of any kind in the absence of the technical execution project elaborated and verified in accordance with the law;

s) issuance of construction/demolition authorization: 1.

in the absence of a right that confers the right to request construction/demolition authorization in accordance with art. 248;

2. in the absence or with non-compliance with the provisions of urbanism documentation, approved in accordance with the law;

3. based on incomplete documentation or elaborated in non-compliance with the provisions of the urbanism certificate, the Civil Code, the framework content of technical documentation - D.T. for authorizing the execution of construction works, which do not contain the necessary legal opinions and approvals or which do not comply with their provisions or which are not verified in accordance with the law;

t) failure to comply with the prohibition on construction in the shore zone, beaches and the 50-150 m strip of land or specific prohibitions in tourist resorts on the coast and in beach areas with tourist destination;

u) commencement of works without finalizing the technical clarification or providing the documentation requested by the local public administration authority within the simplified notification procedure;

v) change of destination of a property without notifying the local public authority regarding the approvals obtained from neighbors in cases where it is necessary for these to be obtained either through legal regulations or through approved urbanism documentation;

w) failure to comply with the provisions and measures given to utility network operators regarding disconnection from the network and immediate cessation of supply of utilities for site organization;

x) rejection of issuance of opinions/approvals without sound justification from a technical, scientific or legal point of view, in accordance with the provisions of art. 279 para. (13) lit. b);

y) failure to introduce on the agenda of the meetings of the commissions provided by specific legislation, for analysis, the assessment documentation related to construction investment projects, within the deadline provided at art. 326 para. (1) lit. g).

(2) Execution without construction, demolition, modification or regularization authorization or with non-compliance with its provisions of construction, demolition works or in the absence of prior notification of works constitutes a violation of the authorization regime:

a) concerning roads of any kind, works of art, networks and technical-utility facilities, hydrotechnical works, riverbed arrangements, land improvement works, infrastructure installation works, works for new capacities for production, transport, distribution of electrical and/or thermal energy, as well as rehabilitation and retechnologization of existing ones;

b) drilling and excavation works necessary for geotechnical studies and geological prospecting, design and opening of quarries and gravel pits, gas and oil wells, as well as other surface, underground or subaquatic exploitations;

c) organization of tent camps, huts or caravans.

(3) The fine penalty may be applied to both natural persons and legal entities of public or private law.

(4) The violations provided at para. (1) are sanctioned with a fine, as follows:

a) from 5,000 lei to 50,000 lei for non-compliance with the provisions of lit. a);

b) from 50,000 lei to 1,000,000 lei for non-compliance with the provisions of lit. b) in relation to the gravity of the act and its impact on neighborhoods;

c) from 30,000 lei to 50,000 lei for non-compliance with the provisions of lit. c);

d) from 50,000 lei to 100,000 lei for non-compliance with the provisions of lit. d);

e) from 1,000 lei to 100,000 lei, in relation to the period of deadline exceeded and the impact generated, for non-compliance with the provisions of lit. e);

f) from 50,000 lei to 100,000 lei for non-compliance with the provisions of lit. f) and g);

g) 2,000 lei for non-compliance with the provisions of lit. h) and j);

h) from 5,000 lei to 10,000 lei for non-compliance with the provisions of lit. i) and s);

i) from 5,000 lei to 30,000 lei for non-compliance with the provisions of lit. k)-r) and w);

j) from 10,000 lei to 50,000 lei for non-compliance with the provisions of lit. x);

k) from 3,000 lei to 10,000 lei, for non-compliance with the provisions of lit. y).

(5) In addition to the penalty provided at para. (4) lit. b), in case of non-compliance with the provisions of the construction or modification authorization regarding the height regime, a fine of 50,000 lei to 500,000 lei is imposed for each unauthorized level.

(6) The acts provided at para. (1) lit. h), k-o), q) and s) may be sanctioned with a warning only once, at the first violation.

(7) In the case of a construction that includes all structural elements necessary to be considered completed at the date of violation detection, the deadline provided at para. (5) runs from the date of actual completion of the construction.

(8) The violations provided at para. (1) lit. l) and k)-o), q), s) are sanctioned with a warning or, as the case may be, with the fine provided in this article.

(9) The violations provided for in this article shall be established and sanctioned as follows:

a) specialized personnel within the control structures of the State Construction Inspectorate - I.S.C. for any of the violations;

b) by the specialized departments with control responsibilities of the public administration authorities of the counties, municipalities, sectors of Bucharest municipality, cities and communes, for acts committed in their administrative-territorial unit or, as the case may be, in the administrative territory of the sectors of Bucharest municipality, according to the competencies for issuing building/demolition permits, for the violations provided for at para. (1) lit. a)-j), p) and para. (2).

(10) In the situation provided for at art. 358 para. (3), the competent public administration authorities shall address the administrative litigation court to order the demolition or regularization of works carried out without permit, in breach of the permit or in breach of the procedure provided for arrangements, installations and works exempted from any formality.

(11) The right to file the action provided for at para. (10) shall be barred after 10 years from the date of actual completion of the works.

Article 358 - Measures ordered by control bodies regarding constructions carried out in breach of legal provisions

(1) The control body that has sanctioned the violation of executing construction works without a permit or in breach of its provisions, in breach of the simplified notification procedure or in breach of the notified project, in addition to stopping the execution of works, shall be obliged to order the taking of necessary measures for:

a) bringing the works into compliance with the building permit provisions or the notified project;

b) obtaining a regularization permit for works executed without a building permit, under the conditions provided for at art. 301, if they comply with the approved urban planning regulations and if they meet the fundamental quality requirements for constructions provided for at art. 386;

c) demolition of works executed without a building permit, without following the simplified notification procedure or without respecting the notified project, in cases where they do not comply with the approved urban planning regulations and/or do not meet the fundamental quality requirements for constructions provided for at art. 386;

d) demolition of works executed without a building permit after the expiration of the deadline provided for at art. 301 para. (7).

(2) For the purpose of implementing the provisions of para. (1), according to the law, the control body at the level of the competent local public administration authority empowered to issue the building/demolition permit shall be obliged to analyze how the construction complies with the regulations in the approved urban planning documents for the location area, and shall order, as appropriate, the retention or demolition of constructions carried out without a permit or in breach of its provisions.

(3) In case the persons sanctioned for violations have not complied with the measures ordered by the violation report, in the sense of bringing the works into compliance with the permit provisions or demolishing works executed without a permit or in breach of its provisions, within the deadline set in the violation report, the body that applied the sanction shall refer the matter to the courts to order, as appropriate:

a) bringing the works into compliance with the permit provisions;

b) demolition of illegally constructed buildings.

(4) In case the request is granted, the court shall set the deadlines for executing the measures provided for at para. (3).

(5) In case of non-compliance with the deadlines set, the measures ordered by the court, in accordance with the provisions of para. (3), shall be executed under the responsibility of the mayor or the county council president, with the costs to be borne by the persons at fault.

(6) In cases of committing offences against the authorization regime according to art. 356, the control bodies may request the judicial bodies to order the measures provided for at para. (1).

(7) In case the control bodies find that offences against the authorization regime according to art. 356 have been committed, they shall order the temporary suspension of work execution and shall transmit the case to the criminal prosecution bodies. The criminal prosecution bodies and, as the case may be, the court shall order the maintenance or lifting of the temporary suspension of works and the period during which it operates.

(8) Persons who have benefited from a subsidy for building a dwelling and for whom the measure provided for at para. (1) lit. b) has been ordered shall refund the subsidies received, with payment of legal interest for the period during which they used them.

(9) The provisions of this article shall not apply to transport infrastructure works.

Article 359 - Constructions executed without a building permit on property belonging to the public or private domain of the state and administrative-territorial units

(1) By way of exception to the provisions of art. 358, constructions executed without a building permit, as well as constructions and arrangements of a temporary nature executed on property/land belonging to the public or private domain of the state or of administrative-territorial units may be demolished by administrative means by the public administration authority in the area of the administrative-territorial unit where the construction is located, without issuing a demolition permit, without referring to the courts and at the expense of the violator.

(2) The procedure provided for at para. (1) may be initiated ex officio by the public administration authority in the area of the administrative-territorial unit where the construction is located or at the request of the owner or legal administrator of the land belonging to the public or private domain of the state.

(3) In case of failure by the competent public administration authority to carry out the demolition procedure within 15 calendar days from the date of the request provided for at para. (2), the owner or legal administrator of the land belonging to the public or private domain of the state may immediately proceed to the demolition of constructions executed without a building permit.

(4) To implement the provisions of para. (1), the competent public authorities may contract the provision of these services with persons specialized in performing such work, under the conditions of the law.

Article 360 - Right to Refer to the Administrative Litigation Court

(1) The right to refer to the administrative litigation court belongs to any person in accordance with the provisions of the Administrative Litigation Law no. 554/2004, as subsequently amended and supplemented.

(2) Building, demolition, modification or regularization permits issued in breach of legal provisions may be annulled by the administrative litigation courts, in accordance with the provisions of the Administrative Litigation Law no. 554/2004, as subsequently amended and supplemented.

Article 361 - Control by the Administrative Litigation Court over Normative Administrative Acts

(1) Normative administrative acts approved or issued by public authorities in the field of territorial planning, urban planning and building authorization are subject to the control of the administrative litigation court.

(2) The administrative acts referred to in para. (1) cannot be challenged on grounds of expediency, but only on grounds of illegality.

(3) The administrative litigation court seized with a request for annulment in whole or in part of a normative administrative act, when the grounds of illegality concern in whole or in part aspects regulated by the attacked administrative act, may assess and pronounce, respecting the limits of jurisdiction and the powers of the judicial authority, the total or partial nullity of the attacked normative administrative act. Under the same conditions, respecting art. 14 or art. 15 of the Administrative Litigation Law no. 554/2004, as amended and supplemented, the total or partial suspension of the effects of normative administrative acts may also be ordered.

(4) In order to prevent a blockage in the process of issuing urban planning certificates, building/demolition permits and investment implementation, in the event of total annulment by the administrative litigation court of the PUG or PUGZM, the PUG or PUGZM that were in force prior to the annulled one become applicable by law for the territory in question, without repeating the approval procedure, with the obligation to initiate steps for the preparation of a new PUG or PUGZM.

(5) The validity period of the PUG or PUGZM re-entered into force, according to para. (4), is a maximum of 24 months.

(6) In the event that steps have not been initiated for the preparation of a new PUG or PUGZM or the maximum validity period of 24 months provided for in para. (5) has been exceeded, building/demolition work may be authorized only on the basis of an approved zonal urban plan.

(7) In the event of annulment of a PUZ or PUD, the provisions of the PUG in force or the provisions of the PUZ for the protected built-up area in force become directly applicable.

Article 362 - Suspension of Execution of Administrative Acts

(1) The suspension of execution of administrative acts is carried out in accordance with art. 14 and 15 of Law no. 554/2004, as subsequently amended and supplemented.

(2) In the event that the court has ordered the suspension of execution of administrative acts, the trial deadlines regarding the annulment of the suspended administrative acts shall be set at intervals not exceeding 15 calendar days.

Article 363 - Actions Formulated Against Unjustified Rejection of a Request

(1) In the event that the administrative act of unjustified rejection of a request issued by public authorities has been annulled by the court, while also ordering its resolution respecting the limits of jurisdiction, the public authority that issued the annulled act, when seized with a new request formulated by the same legal subject and having the same object, cannot reject the new request for the same reasons.

(2) In the case provided for in para. (1), the public authority seized with a new request cannot justify the rejection of the request on the basis of modifications made to the territorial planning and urban planning documentation from the date of issuance of the annulled administrative act.

Article 364 - Demolition of Buildings Constructed on the Basis of an Annulled Building Permit

(1) In the case of buildings constructed on the basis of a building permit annulled by the court, the court may order, at the request of the holder of the annulled building permit, the preservation of the constructed buildings in the event that they were constructed in accordance with the applicable legal provisions and urban planning regulations and if they meet the fundamental requirements for quality in construction.

(2) In order to preserve the constructed buildings in accordance with para. (1), the court orders, ex officio or at the request of the interested party, the performance of a specialized technical expertise, under the conditions of the law, in order to establish compliance with the applicable legal provisions and urban planning regulations.

Article 365 - Specialized Panels

(1) Requests addressed to the administrative litigation court, including appeals, formulated in the field of territorial planning, urban planning and building authorization, are judged expeditiously by panels specialized in the field of territorial planning, urban planning and building authorization.

(2) Until the establishment of specialized panels in the field of territorial planning and urban planning at the level of courts and courts of appeal, disputes are resolved by the existing panels within the administrative litigation sections of the courts, respectively of the courts of appeal.