Law 169/2026, Book II: art. 366-584

Article 366 - General Provisions

(1) Improving the energy, environmental and health performance of buildings contributes to national efforts to combat climate change, limit resource consumption and maintain indoor air quality. The design, execution and use of constructions must meet energy savings objectives, limit carbon footprint through carbon storage from the atmosphere over the building's lifetime, encourage the use of materials from renewable resources, incorporation of recycled materials, use of renewable energies, thermal comfort and improvement of indoor air quality.

(2) Constructions are the result of works designed and executed to fulfill economic-social or ecological functions with the purpose of building objectives intended for shelter or ensuring the conduct of human activities.

(3) The provisions of this code apply to constructions and their related installations, hereinafter referred to as constructions, throughout their entire existence, regardless of the form of ownership, intended use, consequence class or source of financing of the works, in order to protect the lives of people, their property, society and the surrounding environment.

(4) The installations related to constructions, provided for in para. (3), include electrical, sanitary, thermal, fire detection, signaling and alarm installations, as well as fire extinguishing, gas, ventilation, air conditioning/air conditioning, water supply and sewerage installations, excluding industrial technological installations, equipment and systems, as well as irrigation systems and do not include fixtures.

Article 367 - Classification of buildings based on duration of existence

(1) Based on duration of existence, buildings are classified as:

a) temporary buildings, with a short projected duration of existence, limited in time;

b) permanent buildings, with a long projected duration of existence.

(2) Temporary buildings, with or without foundation, are those buildings which, by the nature of the materials and elements they are made of, can be rapidly dismantled with the site restored to its previous state at minimal cost and which, by the administrative act of authorization or by the agreement issued as a result of a notification transmitted for the execution of construction works, as applicable, have been assigned a limited duration of existence, which cannot exceed 5 years and which must be authorized or notified for each new placement-use cycle.

(3) Permanent buildings are those buildings which do not fall within the provisions of para. (2).

Article 368 - Duration of existence of the building

(1) The duration of existence of a building may be:

a) standard;

b) designed;

c) actual.

(2) Standard duration of existence is the reference duration for establishing the designed duration of existence.

(3) Standard duration of existence is:

a) 100 years for historic monument buildings classified and listed in the List of Historic Monuments, in accordance with legal provisions;

b) 50 years for permanent buildings, other than those provided for in lit. a) and c);

c) 25 years for agricultural, industrial and storage buildings or for elements or parts thereof;

d) for temporary buildings the duration is established by the building permit, without exceeding 5 years, with the exceptions provided by this law;

e) installations attached to buildings may have a shorter duration of existence, in accordance with technical specifications.

(4) Designed duration of existence is the duration provided for by legal provisions and technical regulations applicable to the building.

(5) The designed duration of existence of a building is the duration established by the designer, with the agreement of the beneficiary, depending on the type of building, the manner of use and other characteristics of the building.

(6) The designed duration of existence of a building is the period of time during which the building in its entirety, subsystems or parts thereof can be used for the purpose for which they were created, taking into account regular and appropriate maintenance activities, without however requiring major repair interventions.

(7) The designed duration of existence cannot be less than the standard duration of existence provided for in para. (3), but may be longer than it.

(8) Different components or subsystems of the building may have a designed duration of existence different from other subsystems and components or from the building in its entirety, provided it is not less than the standard duration of existence provided for in para. (3).

(9) Establishing the designed duration of existence of a building is mandatory. It is used to establish the performance over time of the building.

(10) In order to ensure circular economy, fully demountable buildings and elements or parts recovered in the post-use phase shall be re-evaluated from a technical perspective before each new use.

(11) The actual duration of existence of a building is the period between the date of acceptance upon completion of works and the date of demolition of the building or the date of acceptance upon completion of deep renovation works, from which a new duration of existence is projected.

(12) In the case of temporary buildings, the actual duration of existence cannot exceed the standard duration of existence from para. (3) lit. d).

Article 369 - Classification of buildings based on characteristic type of use

(1) Based on type of use, buildings are classified as:

a) buildings;

b) works;

c) engineering works.

(2) For the purposes of this code, buildings are constructions intended to shelter people, animals, technological installations, materials or to ensure human activities, affecting the level of health, safety and well-being of people.

(3) Buildings are civil, industrial, agricultural, with special character.

(4) Works are civil works, land improvements and arrangements, construction of temporary/provisional structures - campsites, summer camps, parks, event tents, arrangement of planted green spaces, arrangement of public spaces, land survey/prospecting, boreholes, excavations, surveys for natural deposits, bank support, execution organization.

(5) Engineering works are permanent constructions which do not fall into the category of buildings and works, such as transport infrastructure works, hydrotechnical, mining, energy infrastructure, electronic communications.

Article 370 - Classification of buildings based on consequence classes

(1) From the date of entry into force of this code, the system of classification of buildings into categories of importance is replaced by the system of classification of buildings into consequence classes, an approach based on the risks associated with their damage.

(2) Consequence classes are established based on the type and level of possible consequences generated by total or partial damage to the building.

(3) The consequences evaluated in order to determine the consequence class in which a building is classified are:

a) loss of human life or deterioration of health or bodily integrity of persons;

b) direct or indirect economic losses;

c) cultural consequences consisting of losses of cultural or natural heritage elements;

d) social consequences;

e) environmental consequences.

(4) The consequence classes are as follows:

a) consequence class 1, hereinafter referred to as CC1;

b) consequence class 2, hereinafter referred to as CC2;

c) consequence class 3, hereinafter referred to as CC3;

d) consequence class 4, hereinafter referred to as CC4.

(5) For the purposes of para. (1) and para. (4), the following equivalence rules apply:

a) CC1 corresponds to importance category D and exposure importance class IV;

b) CC2 corresponds to importance category C and exposure importance class III;

c) CC3 corresponds to importance category B and exposure importance class II;

d) CC4 corresponds to importance category A and exposure importance class I.

(6) The determination of the consequence class in which a building falls is made based on the most severe consequences among those provided in para. (3).

(7) Buildings classified as CC1 are of reduced importance. Following their total or partial damage, the following associated risks are possible: loss of human lives estimated at fewer than 5; significant economic losses for the beneficiaries or users of the buildings, but with negligible impact at the level of the local community; insignificant cultural or social consequences; degradation of the quality of one or more environmental factors, which can be completely remedied within a maximum of 2-4 weeks.

(8) Buildings classified as CC2 are of normal importance. Following their total or partial damage, the following associated risks are possible: loss of human lives estimated at fewer than 50; considerable economic losses for the beneficiaries or users of the buildings; considerable cultural or social consequences that cause disruptions and delays in social services for periods of weeks; significant degradation of environmental factors in the vicinity of the event which can be removed within periods of up to 1-2 months.

(9) Buildings classified as CC3 are of special importance. Following their total or partial damage, the following associated risks are possible: loss of human lives estimated at fewer than 500; very large economic losses that extend to persons other than the beneficiaries and users of the buildings; very large cultural or social consequences, which cause significant disruption to utility networks and social services, disruptions and delays at national level for periods of months; significant degradation of environmental factors at national level, far exceeding the limits of the area where the event occurred and which can only be partially removed within a period of up to 12 months.

(10) Buildings classified as CC4 are of exceptional, vital importance. Following their total or partial damage, the following associated risks are possible: loss of human lives estimated at more than 500; extraordinary economic losses, with significant national and cross-border impact; extreme cultural and social consequences, losses that may be irrecoverable; significant degradation of environmental factors far exceeding the national geographic area which can only be partially removed within a period of at least 12 months.

(11) The estimated number of human lives losses provided in this article is statistically calculated and represents the number of persons whose life and physical integrity must be protected through decisions made in the design and execution phase.

(12) The determination of the consequence class in which a building falls is mandatory for:

a) the choice of design methods to increase building performance;

b) the choice of analysis methods to ensure the safety and stability of the building to meet all performance criteria;

c) the adaptation of the building to the vision and objectives of sustainability;

d) the adaptation of the building to the objectives of the circular economy;

e) the choice of approach methods regarding the establishment of performance conditions from the perspective of the surrounding environment;

f) the choice of the scope of intervention adapted to the potential loss of cultural values in buildings classified as historical and architectural monuments;

g) the choice of the importance factor - risk exposure generated by the building;

h) the determination of the level of acceptable failure probability or the safety index/reliability index;

i) the determination of quality management, verification, inspection and control measures.

(13) Depending on the decisions made during the design phase, particular elements of the building such as installations may be designed in the same consequence classes, higher or lower.

(14) The determination of the consequence class in which a building falls is the obligation of the designer. The establishment of a consequence class lower than the consequence class that this code and subsequent legislation indicates for a certain type of building is prohibited.

(15) The obligation provided in para. (14) is fulfilled both in the design of new buildings and facilities, as well as in interventions on existing buildings.

(16) Until the date of entry into force of the methodology for classification into consequence classes, the classification of buildings shall be carried out exclusively in accordance with the provisions of Annex no. 6.

(17) In the situation where a certain building is not found in Annex no. 6, the building is assimilated by the designers, by the number of human lives, injured persons, economic consequences or cultural losses, with the building from the nearest consequence class in Annex no. 6. In the case of interventions on existing buildings, which involve change of use, refunctionalisation, additional storeys or extension, the initial consequence class may be changed with justification.

Article 371 - Construction works

(1) Construction works are a set of technical and economic activities carried out for the purpose of realizing new buildings, facilities and interventions on existing buildings.

(2) Construction works are classified into:

a) works for the realization of new buildings;

b) improvement works;

c) interventions on existing structures.

(3) Works for the construction of new buildings include:

a) construction of buildings;

b) construction of new engineering works.

(4) Improvement works include:

a) civil improvement works;

b) land improvement and enhancement works;

c) construction of temporary or provisional structures;

d) site organization;

e) site and soil investigation/prospecting, drilling, excavation, surveys for topographic studies, geological prospecting, geotechnical, geophysical, hydrological studies;

f) creation and arrangement of green spaces, planted areas;

g) creation and arrangement of public spaces.

(5) Works involving intervention on existing structures are any construction works that result in modification, repair or maintenance of existing structures.

Article 372 - Interventions on existing structures

(1) Interventions on existing structures refer to construction, reconstruction, partial demolition, consolidation, repair, modernization, modification, extension, rehabilitation, thermal rehabilitation, improvement of energy performance, renovation, major or complex renovation, as applicable, change of use, protection, restoration, conservation, total demolition works.

(2) Works involving intervention on existing structures are classified as:

a) maintenance and current repair works, namely works that result in maintaining or restoring to a pre-existing and known level the operational condition or the level of performance and comfort of structures or their parts, or preventing their deterioration;

b) major repair works, namely works aimed at extending the lifespan of structures or their parts by ensuring the achievement and continuity of an appropriate level of performance and comfort;

c) emergency intervention works, namely any type of works necessary on existing structures that present a risk of loss of stability, functionality or unique properties as a result of degradation processes caused by natural and anthropogenic destructive factors, including their related installations, which result in securing them by ensuring mechanical resistance, stability and safety in operation requirements or their demolition;

d) extension works, namely works that result in extending the footprint and volume of the existing structure;

e) additional storey works, namely works aimed at extending the volume of the existing structure by adding additional levels, full or partial, provided that the existing structure is maintained and fully included; otherwise, the intervention is assimilated to partial demolition and reconstruction;

f) refunctionalisation or change of use works;

g) consolidation works, namely works that result in bringing structures and their components to the appropriate level of performance from the perspective of resistance and stability;

h) modernization and rehabilitation works, namely works that result in bringing structures and their components to the appropriate level of performance from the perspective of safety and accessibility in operation, fire safety, hygiene, energy efficiency, insulation, noise protection or sustainable use of natural resources;

i) relocation works, namely works for repositioning an existing structure at a new location with adaptation to local site conditions;

j) reconstruction works, namely works for rebuilding an existing structure at the same location with a degree of deterioration too advanced to be consolidated or restored, or for which the cost of works would be too high in relation to the value of consolidated or restored elements; reconstruction works also refer to rebuilding structures of historical, cultural, architectural value that have disappeared, been damaged and rebuilt based on surveys, visual archives, images;

k) conservation and restoration works, namely a set of specialized works, designed, approved, authorized and executed in accordance with the law, which have as their main purpose the maintenance, reinstatement, enhancement or highlighting of the cultural value of the structure and which may include, as applicable, on the basis of and in compliance with the provisions of specific approvals and studies, conservation, consolidation, rehabilitation works, or works involving modification of volumes, spaces, parts of the structure, constructive and finishing elements, as well as the creation of new constructive elements or demolition of existing constructive elements;

l) exterior remodelling works, namely works aimed at modifying the shape of the built volume without changing the number of levels or the area of existing floor slabs or remodelling of facades; in the case where this remodelling aims at increasing the volume of the top level of a building by changing the roof shape in order to convert the attic into a mansard or increase the area of an existing mansard, this is called mansardization;

m) interior remodelling works;

n) partial or total demolition or dismantling works;

o) conservation works upon temporary interruption of work execution.

Article 373 - Interventions on existing structures related to road transport infrastructure

(1) With regard to public roads, interventions on existing structures include maintenance and repair works.

(2) Maintenance works are:

a) current maintenance works executed on a permanent basis to maintain cleanliness, aesthetics, ensure water drainage or eliminate minor localized deterioration on roads, engineering structures, road safety works and buildings annexed to roads;

b) periodic maintenance works executed periodically and in a planned manner in order to partially or fully compensate for wear and tear produced on the road structure, engineering structures, road safety works and buildings annexed to roads.

(3) Repair works are classified as:

a) current repairs executed periodically to partially or fully compensate for the loss of load-bearing structural capacity and wear and tear produced on roads, bridges and their annexes, in order to ensure operation under normal and safe road conditions;

b) major repairs executed periodically to fully compensate for physical and moral wear or to improve the technical characteristics of roads, bridges and their annexes in order to meet the level imposed by the growth of road traffic and in accordance with the requirements of the category to which the road belongs, taking into account present and future conditions.

(4) Maintenance works consist of:

a) preparatory services related to road maintenance;

b) works and services related to current road maintenance;

c) works and services related to periodic road maintenance on performance criteria;

d) works related to current and periodic maintenance of bridges, culverts, passages and tunnels.

(5) Repair works consist of:

a) preparatory services related to road repairs;

b) works related to current road repairs;

c) works related to major road repairs;

d) works related to major repairs of bridges, culverts, passages and tunnels.

Article 374 - Interventions on existing constructions related to railway transport infrastructure

(1) Interventions on existing investments in railway transport infrastructure include:

a) maintenance works;

b) repair works;

c) renewal works and major repairs;

d) emergency interventions;

e) works for modernization of railway infrastructure.

(2) Maintenance works of railway transport infrastructure represent the permanent and continuous activity of inspection in order to prevent, remedy on-site defects and planned replacement of infrastructure components whose wear is advanced in order to maintain the components of railway infrastructure within the limits of proper functioning.

(3) Works are carried out in accordance with applicable regulations, based on periodic work programs.

(4) Maintenance works of railway transport infrastructure include:

a) works for sequential replacement of track superstructure elements, namely the rail-sleeper assembly, track devices, fastening elements and ballast, level crossing elements, which are executed at the same location, without modifying the position of the track in plan;

b) works for replacement of elements of specific railway signaling, safety, electronic communications or technological installations, such as, without limitation to: (i) fixed safety installations and operational management of railway traffic, related to railway lines belonging to public railway infrastructure;

(ii) safety equipment and installations for traffic and maneuvering activities in railway network yards;

(iii) fixed railway electronic communications networks;

(iv) fixed electrical traction installations, power supply, contact line, protection of installations in the track and vicinity.

(5) Repair works represent the repair, reconditioning, replacement of infrastructure components that generate or may generate limitations on train traffic performance due to advanced state of degradation.

(6) Repair works aim at:

a) in the track sector - ensuring the conditions of traffic safety and maintaining the designed traffic speed by repairing and/or replacing defective components of railway infrastructure that generate or may generate speed restrictions and the appearance of dangerous points;

b) in the railway signaling installations sector - repair, reconditioning, replacement of components with advanced degree of wear in order to prevent potentially dangerous failures and total or partial shutdown of the signaling installations to which they belong.

(7) Renewal works, major repairs of railway infrastructure represent major works of replacing railway infrastructure components with new ones, with the same technical parameters, without improving the overall performance of railway infrastructure.

(8) Emergency interventions are any kind of works necessary for investments related to railway transport infrastructure that present a risk of loss of stability, functionality or its unique properties as a result of degradation processes determined by natural and anthropogenic destructive factors, including installations related to them, for:

a) securing, by ensuring mechanical strength, stability and safety requirements in operation;

b) their demolition.

(9) Modernization works of railway infrastructure represent major works of replacing railway infrastructure components with new ones, with technical parameters superior to those replaced, with improvement of the overall performance of railway infrastructure. Modernization works may bring structural and route modifications to railway infrastructure.

Article 375 - Quality system in construction

(1) The quality of constructions and their related installations is the result of the totality of their performance characteristics in operation, in order to satisfy, throughout their entire existence, the requirements of beneficiaries, users and communities.

(2) The quality system in construction represents the set of organizational structures, responsibilities, regulations, procedures and means that contribute to achieving the quality of constructions in all stages of their life cycle.

(3) The quality system in construction aims to ensure the design, implementation and operation of constructions and installations of appropriate quality, in order to protect the public interest and private interests in sustainable formulas, to protect the health and life of people, the integrity of their property, under conditions of respect for the patrimonial and ecological interests of society and communities.

(4) The quality system in construction applies to all constructions and their related installations, including those that do not require a building permit, regardless of the form of ownership, intended use, consequence class or source of financing.

(5) The quality system applies in a differentiated manner depending on the consequence classes of constructions, in accordance with the regulations and procedures for implementing each component of the system.

(6) The quality system in this code does not apply to requirements regarding technological production equipment and related installations that ensure their operation.

Article 376 - Components of the quality system in construction

(1) The quality system in construction consists of:

a) the activity of regulation in construction and all regulations produced by this activity;

b) the activity of certification of performance and conformity of construction products;

c) the activity of technical approval in construction;

d) metrological activity in construction;

e) design, verification and technical expertise of projects;

f) verification of the quality of executed works, technical expertise of the execution of works and constructions, as well as energy audit of buildings;

g) quality management in construction;

h) the activity of accreditation and/or authorization of analysis and testing laboratories in construction;

i) the activity of authorization and/or professional certification of the technical-professional qualification of specialists carrying out activities in construction;

j) certification of technical-professional qualification of economic operators executing construction works and economic operators executing construction systems;

k) continuous professional training of specialists carrying out activities in the field of construction;

l) continuous professional training of workers in construction activities and construction materials production;

m) the activity of authorization and approval of constructions;

n) the activity of monitoring the behavior in operation, as well as post-use of constructions;

o) exercise of state control of quality in construction;

p) roles and responsibilities of the parties involved;

q) the system of liability and insurance applicable to the parties involved;

r) reception of constructions.

(2) Under the provisions of this code, in order to establish a unified framework for the authorization of construction works, all technical regulations, standards, norms, instructions with applicability in the field of construction and urbanism, developed by ministries and other bodies of the central public administration, are mandatorily transmitted for approval to the ministry responsible for territorial planning, urbanism and construction.

(3) The regulations regarding the components of the quality system in construction are developed by the ministry responsible for territorial planning, urbanism and construction and are approved by Government decisions.

(4) By exception to the provisions of para. (3), for transport infrastructure works of national interest, as defined in Annex no. 1, the Regulation on the reception of constructions in the field of transport infrastructure of national interest is developed by the ministry responsible for transport and is approved by a Government decision.

(5) The procedures for implementing the regulations provided in para. (3) and, where applicable, the instructions for their implementation are approved by order of the minister responsible for territorial planning, urbanism and construction.

Article 377 - Regulation activity in construction

(1) The regulation activity in construction ensures the application of fundamental requirements regarding the components of the quality system provided in art. 376.

(2) The regulation activity in construction consists in developing a system of technical regulations in the field, as well as specific activities correlated with the regulation activity, such as research, testing, studies, audit, creation of databases and development of prototypes.

(3) Technical regulations include provisions on the design and execution of constructions, including their related installations, energy efficiency in buildings, technical inspection in operation of construction installations, requirements and performance levels for construction products, operation and interventions in operation of existing constructions, as well as post-use of constructions, whose application is mandatory to ensure the fundamental requirements applicable to constructions. These regulations are approved by order of the minister responsible for territorial planning, urbanism and construction, with the exception of specific technical regulations regarding engineering constructions for transport infrastructure of national interest, which are approved by order of the minister of transport and infrastructure, in compliance with the general regime of the quality system in construction. All technical regulations in construction are published in the Official Gazette of Romania, Part I, and are made public to interested persons also through publication on the website of the ministry responsible for territorial planning, urbanism and construction.

Article 378 - Activity of certification of performance of construction products and conformity of materials and systems

(1) Certification of performance of construction products with harmonized technical specifications, respectively certification of their conformity with non-harmonized technical specifications is carried out, at the expense of the producer/manufacturer, by notified/designated/accredited/authorized bodies, in accordance with the applicable regulations and procedures.

(2) Construction products must ensure the appropriate level of quality corresponding to the fundamental requirements applicable to constructions provided in art. 386 of this Code, depending on their intended use.

(3) In the case of construction works, the use of construction products without certification and declaration, under the conditions of the law, of their performance, respectively their conformity is prohibited.

(4) The provisions of art. 368 para. (3) apply accordingly.

Article 379 - Technical approval in construction

(1) Technical approvals in construction establish, under the conditions of this code, the suitability for use, the conditions of manufacture, transport, storage, installation and maintenance thereof.

(2) In construction works, the use of traditional or new products, procedures, equipment or techniques for which no technical approvals exist is prohibited.

(3) By way of exception to the provisions of para. (2), techniques and materials established for local culture and identity or for the purpose of restoring historical monuments or buildings in protected built-up areas or protected landscapes may be used only if they are provided for in the project and their performance ensures compliance with fundamental requirements.

Article 380 - Metrological activity in construction

Metrological activity in construction ensures the administration, metrological confirmation and use of measuring equipment used in this field.

Article 381 - Accreditation/Authorization of analysis and testing laboratories in construction

(1) Accreditation/Authorization of analysis and testing laboratories in construction is carried out in accordance with legal provisions.

(2) Authorization of analysis and testing laboratories in construction is carried out by the State Construction Inspectorate - I.S.C.

(3) The procedure for evaluating analysis and testing laboratories for authorization purposes is approved by order of the minister responsible for territorial planning, urbanism and construction.

Article 382 - Authorization and/or professional certification/technical-professional qualification of specialists carrying out activities in construction

(1) The ministry responsible for territorial planning, urbanism and construction organizes technical-professional certification of specialists carrying out activities in construction - project verifiers, technical experts, energy auditors for buildings - by construction domains/subdomains and by specialties for installations related to construction, corresponding to the fundamental requirements provided by art. 386 of this code, as well as periodic confirmation regarding the exercise of their right to practice.

(2) I.S.C. organizes the authorization of technical managers responsible for execution and site managers, as well as periodic confirmation regarding the exercise of their right to practice.

(3) The National Energy Regulatory Authority organizes technical-professional certification of specialists carrying out activities as project verifiers and technical experts for objectives/systems in the natural gas sector, as defined by the provisions of art. 100 points 59 and 82 of the Law on electricity and natural gas no. 123/2012, as subsequently amended and supplemented.

(4) The ministry responsible for territorial planning, urbanism and construction organizes technical-professional certification of specialists carrying out activities as project verifiers and technical experts for natural gas utilization installations, in accordance with the Law on electricity and natural gas no. 123/2012, as subsequently amended and supplemented.

(5) The competent ministry in the field of cultural heritage protection, through its subordinate public institutions, organizes certification of specialists in the field of historical monument protection, in accordance with Law no. 422/2001, republished, as subsequently amended and supplemented.

(6) The activities, duties and manner of exercising the right to practice by specialists carrying out activities in construction are established by government decision, by order of the competent public authority in the energy field in the case of specialists provided for in para. (3) and by order of the competent public authority in the field of cultural heritage protection in the case of specialists provided for in para. (5).

(7) For the purpose of certifying specialists carrying out activities in construction, for each technical-professional certification session organized, the ministry responsible for territorial planning, urbanism and construction establishes examination commissions which may include specialists designated by professional associations, as well as representatives of the academic environment.

(8) The fees for authorization of specialists provided for in para. (2) are approved by order of the minister responsible for territorial planning, urbanism and construction, at the proposal of ISC, and are borne by the interested parties.

Article 383 - Certification of economic operators executing works in the field of construction and/or systems for construction

(1) Certification of technical-professional qualification of economic operators executing works in the field of construction and/or systems for construction consists of verification and recognition of the capability and capacity of economic operators to execute one or more specific activities in the field of construction works execution and/or systems for construction.

(2) The activity of certification of economic operators executing works in the field of construction and/or systems for construction is carried out in compliance with the following principles: free access to the market, ensuring public interest, proportionality and non-discrimination.

(3) The certification activity, an activity of public interest, is carried out through a certification association for technical-professional qualification of economic operators executing works in the field of construction and/or systems for construction.

(4) To carry out the certification activity, the Romanian Association for Certification of Construction Operators is established, an association responsible for conducting the certification process for technical-professional qualification of economic operators executing works in the field of construction, hereinafter referred to as the Certification Association, a legal entity under private law, of public interest, having the legal status of a non-profit association, established in accordance with the provisions of Government Ordinance no. 26/2000, approved with amendments and supplements by Law no. 246/2005, as subsequently amended and supplemented, and of this code.

(5) The Certification Association is constituted through free participation of at least one entity from each of the following categories:

a) representative employers' organizations in collective bargaining sectors in construction, within the meaning of Law no. 367/2022 on social dialogue, as subsequently amended and supplemented;

b) associations/federations of associations representing the interests of professionals in construction, construction installations, technological equipment for construction and which either have public utility status or can prove compliance with the conditions provided in art. 38 para. (1) of Government Ordinance no. 26/2000, approved with amendments and additions by Law no. 246/2005, as subsequently amended;

c) higher education institutions within which are authorized to operate specializations/university undergraduate study programs in the field of science "engineering sciences" and/or field of science "architecture".

(6) Before submitting the documentation for acquiring legal personality, in accordance with Government Ordinance no. 26/2000, approved with amendments and additions by Law no. 246/2005, as subsequently amended, as well as in the event of modifications, the statute of the certification association shall be endorsed by the ministry responsible for the field of territorial planning, urbanism and construction.

(7) The certification association has an executive apparatus that carries out the operational activities necessary for the functioning of the association and ensuring certification activities and a certification council that analyzes and evaluates compliance with certification criteria, in accordance with the regulation.

(8) The certification council is composed of specialists from public administration, architecture, construction, construction installations, construction equipment, education. Members of the Certification Council are designated by:

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

b) the ministry responsible for the field of transport;

c) the public institution exercising state control in the field of construction;

d) representative employers' organizations from collective bargaining sectors in construction, within the meaning of legislation on social dialogue;

e) associations/federations of associations representing the interests of professionals in construction, construction installations, technological equipment for construction and which either have public utility status or can prove compliance with the conditions provided in art. 38 para. (1) of Government Ordinance no. 26/2000, approved with amendments and additions by Law no. 246/2005, as subsequently amended;

f) higher education institutions within which are authorized to operate specializations/university undergraduate study programs in the field of science "engineering sciences" relevant to the construction field and/or field of science "architecture".

(9) The certification association is self-financed from certification fees, non-reimbursable external funds, obtained through participation in national or international programs and projects, donations, sponsorships, other legally constituted sources.

(10) The technical, administrative and economic-financial criteria, the method of certification of economic operators by categories of construction works or construction systems, the organization and functioning of the Certification Council shall be established through a regulation in accordance with the provisions of art. 376, which shall be approved by government decision proposed by the ministry responsible for the field of territorial planning, urbanism and construction, based on the proposals of the Certification Association.

(11) The process of certification of the technical-professional qualification of economic operators executing works in the field of construction and/or construction systems is finalized by issuing a certificate whose form, support, validity period and conditions regarding its suspension/cancellation shall be regulated by the regulation provided in para. (10).

(12) The certification association establishes and manages a digital register of economic operators executing works in the field of construction and/or construction systems certified under the conditions of this article. Information in the digital register is information of public interest.

(13) Within public procurement contract award procedures in the field of construction works execution, contracting authorities or entities have the obligation to request the presentation of the certificate provided in para. (11) as proof of compliance with requirements regarding technical and professional capacity, in accordance with applicable legislation, starting from 1 June 2027.

Article 384 - Building resilience

(1) The design and execution of buildings and their related installations shall be carried out in such a way as to ensure their capacity to resist natural and anthropogenic risks that may affect the building.

(2) A resilient building is a building that presents a reduced risk of failure, reduced consequences in terms of damage, loss of human life, economic and social losses, reduced time to restore the building to the level of performance preceding a natural or anthropogenic event that had significant negative consequences for the building and reduced costs associated with reconstruction.

(3) The technical regulations in construction in force provide provisions and rules whose compliance leads to a standard level of building performance, minimum acceptable, with an acceptable level of risk for society.

(4) The standard building performance level is the minimum level at which one can design and build and which any new building must achieve, the standard values being determined by the consequence classes of buildings.

Article 385 - Risks caused by natural and anthropogenic hazards

(1) In areas exposed to natural and anthropogenic risks, buildings and infrastructure must be designed, executed and operated in such a way as to be resilient to climate change, to reduce the vulnerability of communities exposed to hazards.

(2) The physical vulnerability of buildings and infrastructure, caused by natural and anthropogenic hazards, must be significantly reduced by complying with performance standards and construction techniques.

Article 386 - Fundamental requirements applicable to construction

(1) Fundamental requirements represent the minimum performance standards that buildings and construction works must meet throughout their entire existence, both as a whole and on separate parts for the intended use.

(2) The application of fundamental requirements is established by domains and categories of buildings and types of building installations, through regulations and technical building standards.

(3) To obtain quality buildings, the following fundamental requirements must be implemented and maintained throughout the entire lifecycle of the building:

a) mechanical resistance and stability;

b) fire safety;

c) hygiene, health and environmental protection;

d) safety and accessibility in use;

e) protection against noise;

f) energy efficiency and thermal insulation;

g) sustainable use of natural resources;

h) emissions to the external environment of buildings.

Article 387 - Compliance with fundamental requirements

(1) The obligation to ensure fundamental requirements rests with the parties involved in the construction field, according to each party's responsibilities.

(2) It is prohibited to derogate from compliance with applicable fundamental requirements for buildings through contracts concluded between natural and/or legal persons.

Article 388 - Mechanical resistance and stability of buildings

(1) The requirements regarding mechanical resistance and stability of buildings, as provided by applicable technical regulations, are established differently depending on the type of building in question and the consequence class in which the building falls.

(2) The requirements regarding mechanical resistance and stability of buildings aim at the design, execution and use of buildings so that:

a) total or partial collapse of the building is avoided;

b) deformations, displacements and/or vibrations of unacceptable amplitude for normal use are avoided;

c) damage to non-structural elements, installations and equipment as a result of excessive deformations of structural elements is limited;

d) damage of a progressive collapse type disproportionate to the initial cause is avoided as a result of accidental events.

Article 389 - Fire safety of the building

(1) To meet the fire safety requirement, buildings as a whole and their component parts must be designed, executed, equipped and used so that, in the event of a fire:

a) the stability of the load-bearing elements of the building is ensured for a regulated period of time;

b) the appearance and spread of fire and smoke inside the building is limited;

c) the spread of fire to neighbouring buildings is limited;

d) occupants are able to leave the building or can be rescued by other means;

e) the safety of emergency response teams is taken into account.

(2) The objectives pursued through compliance with fire safety requirements aim at:

a) protection of the population against the risk of injury or illness caused by fires;

b) protection of property/built environment against destruction caused by fires;

c) facilitation of rescue/evacuation and fire suppression operations.

Article 390 - Definition of performance conditions from the perspective of fire safety

The specific technical documentation shall specify the performance, performance levels and fire safety conditions of buildings of any purpose, which are established and achieved depending on:

a) the consequence class of the building;

b) the purpose, type of building and maximum simultaneous user capacity;

c) fire risks in rooms, fire compartments and the building;

d) the level of fire stability of the building;

e) the specific conditions of the building's purpose;

f) the possibility of access, intervention and rescue in case of fire.

Article 391 - Fire Safety Requirements

(1) Compliance with fire safety requirements, in accordance with regulations established by special laws, is mandatory in the design and construction of new buildings, as well as in the case of interventions on existing buildings, regardless of the form of ownership, intended use, consequence class or source of financing, with the aim of protecting human life, their property, society and the surrounding environment.

(2) Maintaining fire safety requirements throughout the projected lifetime of the building is the obligation of the owner/administrator of the building.

(3) In the case of intervention works on existing buildings, when certain fire safety provisions cannot be technically justified, designers shall establish alternative fire protection measures aimed at improving those criteria that cannot be met.

(4) In the case of buildings classified as historical monuments according to the law, the technical provisions regarding fire safety are of a recommendatory nature, and only fire safety improvement measures that are feasible and do not affect the cultural value of the respective monuments shall be ensured.

Article 392 - Hygiene, Health and Environment

(1) Buildings must be designed and constructed in such a way that they do not represent, throughout their entire life cycle, a threat to hygiene or to the health and safety of workers, occupants or neighbours, nor exercise an excessive impact on environmental quality or climate throughout their entire life cycle, during construction, use, demolition, in particular as a result of any of the following:

a) emissions of toxic gases;

b) emissions of hazardous substances, volatile organic compounds, greenhouse gases;

c) emissions of hazardous particles into indoor or atmospheric air;

d) emissions of hazardous radiation;

e) leakage of hazardous substances into groundwater, seawater, surface water or soil;

f) leakage of hazardous substances into drinking water or substances that have a different negative impact on drinking water;

g) defective discharge of wastewater, smoke or solid or liquid waste;

h) presence of moisture in certain parts of the building or on interior surfaces.

(2) Architectural solutions, interior and exterior arrangements, urban planning and installations and equipment related to buildings, regardless of the form of ownership, must ensure that the spaces and facilities created comply with the mandatory minimum conditions of hygiene and health of the population, in accordance with the conditions established by specific regulations drawn up, reviewed and approved according to the law.

(3) The mandatory minimum regulations regarding hygiene and health of the population refer to:

a) personal hygiene - provision of necessary facilities to ensure personal hygiene;

b) water quality;

c) air quality;

d) provision of ventilation;

e) provision of mandatory minimum areas and volumes according to the building's function;

f) natural and artificial lighting;

g) thermal comfort;

h) prevention of dampness and mould;

i) disposal of wastewater and industrial water;

j) waste management.

Article 393 - Regime of Plantations and Deforestation

(1) Construction works are carried out in compliance with legal provisions regarding environmental protection, including compliance with the regime of plantations and deforestation.

(2) Through the technical project for the organization of construction work execution, specific measures are provided for the protection of tree vegetation and shrubs during the works.

(3) Deforestation is carried out exclusively on the basis of a dendrological study, which identifies the vegetation elements whose maintenance on the land is mandatory, as well as the vegetation elements whose deforestation is permitted on the condition of subsequent replanting.

(4) The removal of plantations that affect the stability of the land is in all cases prohibited; their deforestation can only be carried out within the framework of works to regenerate aged and/or degraded vegetation.

Article 394 - Management of Construction and Demolition Waste

(1) The management of construction and demolition waste is carried out under conditions of protection of public health and the environment, in accordance with the applicable special law and the principle of circular economy.

(2) In order to prevent the accumulation and management of waste generated on site during construction/demolition works and interventions on existing buildings, in accordance with specific legislation, the following measures are implemented:

a) producers and holders of construction waste, legal entities, are cumulatively obliged to classify and code the waste generated from their activity in the waste list provided in art. 7 para. (1) of 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, after which they shall draw up a list thereof;

b) producers and holders of construction waste are obliged to separately collect at least the following categories of waste: paper, metal, plastic and glass;

c) the holder of the construction/demolition authorization, as well as the beneficiary of construction/demolition works carried out on the basis of the simplified notification procedure, according to this code, have the obligation to have a plan for the prevention and reduction of waste quantities and the management of waste resulting from construction and/or demolition activities, in accordance with the provisions of art. 17 para. (4) of Government Emergency Ordinance no. 92/2021, approved with amendments and additions by Law no. 17/2023, with subsequent amendments and additions;

d) Waste producers and waste holders are obliged to recover waste in compliance with legal provisions;

e) Holders of construction/demolition authorization are obliged to manage construction and demolition waste so as to achieve a level of preparation for reuse, recycling and other recovery operations, including backfilling operations that use waste to replace other materials, in accordance with the provisions of art. 17 para. (7) of Government Emergency Ordinance no. 92/2021, approved with amendments and additions by Law no. 17/2023, as subsequently amended and supplemented;

f) Waste producers and waste holders are obliged to subject waste that has not been recovered to a disposal operation under safe conditions;

g) The costs of waste management operations shall be borne by the waste producer.

(3) Responsibility for managing construction waste belongs to the developer, producer and contractor.

Article 395 - Design and execution of buildings to ensure safety in operation

Buildings and any part thereof must be designed, executed, operated, maintained or dismantled in such a way that throughout their entire life cycle they do not present unacceptable risks of injury or damage during use, such as slips, falls, impacts, burns, electrocution, injuries caused by natural actions, explosions and robberies. Buildings must be designed and executed so as to be accessible to persons with disabilities, reduced mobility and orientation problems and to be usable by these persons.

Article 396 - Safety in Operation

(1) Safety of pedestrian circulation requires ensuring protection of users against the risk of injury during pedestrian movement inside the building, as well as outside buildings in the pedestrian space adjacent to them.

(2) Safety of movement with mechanized means of transport involves protecting users, including persons with disabilities, against the risk of injury during movement by elevator or escalator.

(3) Safety regarding risks from installations requires ensuring protection of users against the risk of injury or stress caused by possible malfunction of installations.

(4) Safety during maintenance work requires protection of users and property inside during cleaning or repair activities of parts of the building during its operation.

(5) Safety against intrusions and break-ins requires protection of users against possible acts of violence, robbery, theft, vandalism, as well as against unwanted entry of insects or animals.

Article 397 - Accessibility of Buildings

(1) Accessibility of buildings requires ensuring protection of users during the operation of a building with regard to:

a) access to and exit from the building, as well as circulation inside the building in safe conditions;

b) access to and exit from the building of vehicles in safe conditions;

c) ensuring access and circulation in safe conditions inside the building for persons with disabilities, children and elderly persons.

(2) Public or private buildings and public spaces, both in urban and rural environments, must be designed and executed so as to be accessible to all persons, including persons with disabilities, regardless of the type of disability, physical, sensory, cognitive, mental or psychological, in accordance with the conditions established by specific regulations drawn up, reviewed and approved according to law.

Article 398 - Safety in Case of Terrorist Attack

Safety of buildings against terrorist attacks is ensured through technological and organizational procedures, by taking into account when designing, executing and operating buildings the level of risk of terrorist attack and additional constructive provisions beyond those used in the usual manner, such as:

a) protective structural elements;

b) IT management systems and automations with which buildings are equipped;

c) structural, functional, evacuation and fire suppression redundancy;

d) human, automated and digital surveillance and monitoring systems.

Article 399 - Civil Protection Shelter

(1) In order to ensure safety in case of disasters, terrorist attack or war, for buildings determined according to special law, a civil protection shelter is provided.

(2) Civil protection shelters are provided exclusively on the basis of a civil protection opinion issued by the General Inspectorate for Emergency Situations, through the county/Bucharest - Ilfov emergency situations inspectorates, within the procedure for authorizing construction works for the buildings mentioned in para. (1).

(3) The civil protection shelter is provided in accordance with technical standards for the design and execution of civil protection shelters within new buildings, approved under the conditions of the law.

Article 400 - Acoustic Performance

(1) Design and execution of buildings, including their related installations, shall be carried out in such a way that noise perceived by users or by persons in the vicinity is kept at a level that does not endanger their health and allows them to occupy/use the building in satisfactory conditions.

(2) Acoustic performance is achieved through the following specific technical conditions:

a) protection against airborne noise from outside the building;

b) protection against airborne noise from another enclosed space;

c) protection against impact noise;

d) protection against noise produced by equipment and technical installations of the building;

e) protection against excessive reverberation noise and noise produced in that space;

f) protection of the surrounding environment against noise produced by sources inside buildings or related to them.

(3) Technical conditions shall be approved by normative acts and technical regulations, in accordance with the law.

Article 401 - Energy Performance of Building/Building Unit

(1) Buildings with their heating, cooling, lighting and ventilation installations must be designed and constructed so that the energy consumption required for their operation is as low as possible, taking into account occupants and local climate conditions.

(2) Buildings must also be energy efficient, consuming as little energy as possible during their construction and demolition.

(3) The energy performance of a building/building unit is determined based on the consumption calculated according to the methodology for calculating the energy performance of the building or the actual energy consumption and reflects the energy consumption needed to meet the requirements related to the normal use of the building, requirements which mainly include: heating/cooling, preparation of domestic hot water, ventilation and lighting.

(4) The energy performance of a building/building unit is determined in accordance with the methodology for calculating the energy performance of buildings and is expressed through performance indicators. The methodology includes at least the following elements: thermotechnical characteristics of the elements making up the building envelope, the building's technical systems, the building's location including orientation, external climate parameters and the influence of the landscape context, passive solar systems and solar protection, mechanical/natural ventilation, the building's indoor climate, namely internal heat gains, energy supply from renewable sources, as well as other elements that influence energy requirements.

(5) The main indicators that determine the energy performance of a building/building unit are: energy class, total specific primary energy consumption, equivalent CO₂ emissions index and total specific energy consumption from renewable sources.

Article 402 - Requirements Regarding Building Energy Performance

(1) Work on new buildings and work on existing buildings shall be carried out so that the total primary energy consumption of a building necessary to ensure comfortable and healthy indoor climate conditions, including appropriate indoor air quality, is less than or equal to a maximum permitted consumption level, established by the technical regulations in force.

(2) Requirements regarding the energy performance of buildings are established by Law no. 372/2005 on the energy performance of buildings, republished, with subsequent amendments and additions, as well as by subsequent technical regulations.

Article 403 - Sustainability of Buildings

(1) The ecological, economic or functional sustainability of a building, including its related installations, requires its design and construction so that the carbon footprint generated both during the construction phase and during its operation period, as well as the energy consumption required for its operation, is nearly zero or very low and covered with energy from renewable sources, including energy from renewable sources produced on-site or nearby.

(2) Buildings and installations must be designed, constructed and demolished so that the use of natural resources is sustainable and ensures in particular the following:

a) reuse or recyclability of buildings through recovery and reuse of materials and component parts after demolition;

b) use for the execution of construction works of raw and secondary materials compatible with the environment and with reduced impact regarding energy consumption and other resources;

c) use of advanced technologies that favour reduced energy consumption;

d) use of renewable and reusable energy sources.

Article 404 - Sustainability Strategy

(1) The sustainability strategy is prepared by the designer as a mandatory requirement during stage 0 of the life cycle of the construction investment project, in accordance with art. 494 para. (1) lit. o).

(2) The sustainability strategy contains references to the six key elements of a sustainable approach:

a) rational use of resources;

b) minimization of pollution and carbon footprint;

c) creation of a healthy environment;

d) support for the well-being and health of communities;

e) conservation of biodiversity;

f) ensuring process management.

Article 405 - Ecological Quality

(1) The ecological quality of buildings is defined by the following objectives:

a) integration into the surrounding environment, integrated option regarding construction procedures and products;

b) management of construction waste;

c) energy management;

d) water management;

e) maintenance in working order;

f) ensuring thermal, acoustic, visual and olfactory comfort;

g) ensuring sanitary conditions;

h) ensuring air and water quality.

(2) Additional indicators of the ecological quality of buildings may be:

a) percentage of recycled materials used;

b) degree of reduction of toxic materials used;

c) reductions in CO₂ emissions during construction and use of the building;

d) percentage reduction in energy requirements;

e) use of photovoltaic panels or other feasible alternative energy sources;

f) use of natural light instead of artificial light;

g) evaluation and use of technical alternatives.

(3) Ecological buildings are cost-efficient constructions in terms of maintenance and operating costs, whose value increases over time through positive impact on the natural and social environment.

Article 406 - Provisions aimed at increasing energy performance of buildings and improving air quality

In order to increase energy performance of buildings and improve air quality, the following obligations are established, according to the following schedule:

a) until the update of general urban planning documents with the delimitation of areas where measures are introduced to increase air quality in urban centres, local councils shall adopt, through decisions, based on the proposal of specialized departments in the field of urbanism and environment, the delimitation of zero-emission zones and low-emission zones, within a maximum of 12 months from the entry into force of this code;

b) starting with 1 January 2027, the authorization of construction works for buildings or parts of buildings with office, commercial, industrial, storage functions, including covered parking, with a built area greater than 1,000 sqm, shall be conditioned by the provision of green roofs, adapted to climatic conditions, on at least half of the surface. Green roof means a roof on which vegetation is deliberately provided, by design, over the layer that provides weather protection;

c) starting with 1 January 2027, outdoor parking areas exceeding 500 sqm associated with buildings or parts of buildings with office, commercial, industrial, storage functions, as well as new outdoor parking areas open to the public with an area greater than 500 sqm must incorporate technical devices that promote permeability and infiltration of rainwater or its evaporation, such as sustainable drainage systems or similar ones;

d) to reduce heat islands, parking areas must have trees or shading devices on at least 30% of the surface. In case shading devices are used, these are provided with renewable energy production systems;

e) the aforementioned provisions do not apply in situations where they affect the preservation of architectural heritage or if the requirements cannot be met under acceptable technical and economic conditions.

Article 407 - Program for monitoring the behaviour of the building over time from the perspective of fundamental requirements

(1) In order to monitor over time the evolution of fundamental requirements of the building, in the technical file of the building, prepared as defined in art. 537, a section is provided regarding the program for monitoring the building over time.

(2) The criteria and responsibility for implementing the program for monitoring the building over time shall be established by order of the minister responsible for the field of territorial planning, urbanism and construction.

(3) Monitoring over time is carried out by specialized contractors with a broad spectrum of qualifications, such as certified technical experts, authorized site managers, construction engineers, architects, geodetic engineers, as appropriate, depending on the type of building.

Article 408 - Technical specifications related to construction/demolition works

(1) Technical specifications constitute the basic document through which the requirements to be met by construction/demolition works that are the subject of the construction investment project are established.

(2) The form and content of technical specifications vary depending on the stage at which the construction investment project is located.

(3) Technical specifications are composed of two components:

a) specific clauses of the work execution contract, which refer to the specifics of the site and execution conditions at a general level;

b) technical specifications for execution works, which include detailed clarifications of the technical conditions for carrying out the works for each product, material, system, prefabricated elements, incorporated in the works and the method of installation.

(4) Specific clauses of the work execution contract include:

a) site organization;

b) specific conditions regarding human health and work protection;

c) conditions for taking over and handing over the site;

d) fire protection measures;

e) conditions for subcontracting execution works;

f) key phases;

g) roles and responsibilities regarding quality assurance;

h) conditions relating to protocols on collaborative information modelling methodology for buildings - Building Information Modeling, hereinafter referred to as BIM;

i) warranties;

j) reception and commissioning.

(5) The specific clauses provided in para. (4) are adapted according to the specifics of the construction investment project.

Article 409 - Framework content of technical specifications

(1) Each chapter of technical specifications must necessarily include three parts:

a) part 1 - General provisions;

b) part 2 - Description of execution and installation works;

c) part 3 - Clarifications regarding materials and products.

(2) Part 1 - General provisions includes:

a) detailing of specific conditions for the category of works provided in the Specific Clauses of the execution contract;

b) reference standards;

c) detailed design elements;

d) measurement of works;

e) samples and testing.

(3) Part 2 - Description of execution and installation works includes:

a) permissible tolerances;

b) conditions for taking over/handing over the work front;

c) qualified labour, certifications, qualifications;

d) execution technology;

e) order of works, namely which adjacent works must have already been completed before starting the works;

f) equipment, specific tools;

g) protection of works after completion;

h) verification and acceptance;

i) remedial works;

j) occupational safety, specific clauses for the category of works.

(4) Part 3 - Clarifications regarding materials and products includes:

a) handling, transport, storage of materials on site;

b) quality conditions, namely physico-chemical characteristics, colour, texture, dimensions, wear resistance;

c) specific unit consumption.

Article 410 - Technical specifications for construction products

(1) Construction products must comply with European and national legislation establishing conditions for the marketing of construction products.

(2) Construction products must be accompanied at the time of delivery to the site with complete instructions regarding:

a) handling conditions during loading and unloading in transport vehicles;

b) conditions for acceptance on site;

c) conditions for storage and protection on site;

d) handling conditions on site until the place of installation/putting into operation;

e) special conditions for processing and installation in the execution of works.

Article 411 - Technical specifications for construction systems

(1) Construction systems are composed of specific materials and products and are the subject of subcontracting agreements with specialized suppliers.

(2) At the time of delivery to the site, construction systems must be accompanied by complete technical instructions regarding:

a) handling conditions during loading and unloading in transport vehicles;

b) conditions for acceptance on site;

c) conditions for storage and protection on site;

d) handling conditions on site until the place of installation/putting into operation;

e) order of assembly of various elements;

f) adjacent works whose completion conditions the start of assembly;

g) handling in operation of the mobile elements of the system;

h) cleaning and maintenance conditions;

i) protection of systems installed until final acceptance of execution works.

Article 412 - Technical Specifications for Technologies

(1) Technical specifications for technologies shall be prepared in the case of construction works or systems that require the adoption of new or innovative technologies during execution that are not yet part of current construction practice, or in cases where installation is carried out by specialized subcontractors and site control is performed by a third party.

(2) The designer decides in which situations the specifications mentioned in para. (1) are necessary.

(3) The supplier is obliged to provide, together with the respective materials and systems, specific installation instructions that shall include:

a) specific conditions for the execution of prefabricated elements on site, as delivered, metal fabrications, ventilated facade panels;

b) specific conditions for the execution of separate installation works, such as facade panels, prefabricated facade elements, prefabricated structural and roof elements;

c) list of specific tools, devices and equipment;

d) conditions for the preparation of installation teams;

e) order of operations;

f) all other instructions provided above for materials and products.

Article 413 - Technical Specifications for Fittings and Furniture

(1) Persons carrying out the installation of fittings and furniture shall provide the beneficiary or developer, as the case may be, with technical specifications for fittings and furniture.

(2) Where fittings and furniture elements are integrated into construction systems, compliance with the provisions relating to construction systems shall be ensured.

Article 414 - Updating Technical Regulations

(1) The updating of technical regulations, standards, guidelines and any provisions issued to establish fundamental requirements applicable to construction works shall be carried out by the competent public administration authorities in accordance with the law.

(2) Technical regulations shall be updated whenever, by reference to market evolution, technology and increased level of knowledge, new requirements are identified or requirements that ensure a higher level of protection, or when the application of existing regulations results in their malfunctions or inconsistencies with higher-level normative acts.

Article 415 - National Register of Construction Works

(1) The National Register of Construction Works is the computer system established and organized at national level, which contains the database regarding permanent construction works carried out from public or private funds, both existing and new, with the exception of special constructions authorized by institutions within the national system of defense, public order and national security.

(2) The National Register of Construction Works is used for the collection, processing, storage, systematization, monitoring and analysis of data on the condition and performance of construction works to provide information to public authorities with competence in the field of construction in order to fulfill strategy, monitoring, control and regulation functions.

(3) The National Register of Construction Works is established, organized and managed by the ministry responsible for territorial planning, urbanism and construction, based on information transmitted to it.

(4) The ministry referred to in para. (3) ensures the possibility of interconnecting the National Register of Construction Works with other databases organized and administered by public administration authorities and public institutions.

(5) Access to information included in the National Register of Construction Works is organized and granted on levels, the highest level of access belonging to public institutions and authorities with competence in the field of construction.

(6) Public access to information included in the national register of construction works is granted in compliance with applicable legislation in the field of protection of natural persons with regard to the processing of personal data and the free movement of such data, in the field of copyright protection and without affecting the rights and freedoms of persons.

(7) The National Register of Buildings is a component part of the National Register of Construction Works and contains the georeferenced database of public and private buildings that constitute the national built heritage.

(8) The National Register of Buildings ensures correlation and interoperability with urban databases at local level and with other national systems and registers containing information relating to buildings.

(9) The National Register of Buildings is a basic register and is part of the National Register of Registers.

Article 416 - Registration of Information on Construction Performance

(1) The Register of Information on Construction Performance is a component part of the National Register of Construction Works.

(2) Within the register of information on construction performance, the following are registered:

a) information transmitted by site managers during construction execution;

b) information transmitted by the general designer during construction execution;

c) information entered by the holder of the building authorization;

d) information entered by the beneficiary;

e) information from the summary of technical expertise reports prepared in accordance with art. 437, transmitted by technical experts;

f) findings of public officials from the State Construction Inspectorate, made during control actions carried out in accordance with legal competencies.

(3) The information recorded in the National Register of Buildings is used to identify dysfunctions regarding building performance, including with respect to the regulation and application of building performance standards, as well as to improve and update existing technical regulations and develop new technical regulations concerning building performance.

Article 417 - Database on building performance

(1) All information recorded in the National Register of Buildings constitutes the national-level digital database on building performance.

(2) The database provided in para. (1) ensures the evaluation and comparison of the performance behaviour of buildings in operation both at the time of evaluation and throughout the entire lifespan of the buildings.

(3) Building performance may be evaluated and compared at different stages of the investment project lifecycle in construction, by comparison with buildings in the same category according to classifications established by law, or by reference to legal provisions on the quality system in construction or to simulated reference models of buildings constructed in accordance with technical standards and regulations in construction.

(4) Within the database provided in para. (1), data supplied in accordance with the provisions of Article 416 para. (2) are collected, harmonized, standardized and, where appropriate, anonymized.

(5) For buildings, the National Register of Buildings will include data such as those relating to function, property regime and location, urban planning regime, functional and fiscal zoning, information on the building's energy performance, its classification in seismic risk classes, information on fire protection of the building, accessibility facilities in public buildings for persons with disabilities, information on inclusion in energy renovation and/or seismic consolidation programmes for buildings.

(6) The information contained in the National Register of Buildings will be managed by the ministry responsible for spatial planning, urbanism and construction and used as a basis for studies/reports/research necessary to support public policies in the field, as well as for monitoring the implementation of existing strategies and investment programmes carried out in the buildings sector.

(7) The database is updated continuously through specific means.

Article 418 - Reference indices on building performance

(1) Reference indices are determined on the basis of fundamental requirements applicable to buildings and will be established for construction programmes, depending on works, categories of works, material resources and human resources, contractors and consultants involved in the execution of buildings, depending on categories, dimensions, geographical position, relief, hazard maps, type of land and soil.

(2) Reference indices will be based on a database of similar works identified and used from existing databases and information of central and local public administration authorities and professional and employers' organizations. Data centralized in this manner are managed through an application developed by the ministry responsible for spatial planning, urbanism and construction.

(3) Reference indices are established on the basis of a methodology and mechanisms approved by order of the minister responsible for spatial planning, urbanism and construction, in collaboration with other relevant institutions.

(4) The application developed by the ministry responsible for spatial planning, urbanism and construction is used by designers and specialists in the field of construction and engineering works. Through the application, designers and specialists in the field of engineering construction, based on well-defined technical specifications, will automatically generate specific reference indices for each function, respectively category of works, and will determine the estimated cost per investment/sqm or other relevant indicators. The reference index thus generated will be used to estimate the investment budget, to which will be added the budget margin applicable to the type of investment.

(5) The application developed for generating reference indices will become operational starting 1 September 2027 and will be accessible to natural and legal persons in the field of urbanism, spatial planning and construction. Access to the application will be based on a membership fee payable to the ministry responsible for spatial planning, urbanism and construction, following which a user account will be generated for each member.

Article 419 - Parties involved in the construction field

(1) For the purposes of this code, parties involved in the construction field are:

a) the beneficiary, namely the owner/administrator;

b) the user;

c) the investor;

d) the developer;

e) the designers;

f) project verifiers and technical experts;

g) the contractors;

h) parties with monitoring and control responsibilities;

i) parties with approval and authorization responsibilities;

j) other parties involved.

(2) The roles and obligations of each party involved are defined by this code and detailed through regulations approved in accordance with the law.

(3) In cases provided for in this code, two or more roles or responsibilities may be cumulated by the same party involved.

Article 420 - The beneficiary and investor

(1) The beneficiary is the natural or legal person holding a principal real right or a right of claim over the property, as the case may be, targeted in the execution of a construction work.

(2) The investor is the natural or legal person, as well as any public entity which, as a contracting party, finances the contracts necessary for the investment project for new construction, as well as/or interventions on existing buildings, monitors its performance, carries out reception upon completion of works and takes over the building from the contractor.

(3) The beneficiary may also have the status of investor, in the situation where the provisions of para. (1) and (2) are simultaneously fulfilled.

(4) The Beneficiary is the principal responsible party for construction, with the possibility of transferring part of the responsibilities arising from this status to a developer, through a contract concluded under the conditions of the law.

(5) In the case of investment projects in construction financed entirely or partially from public funds, the Beneficiary identifies the opportunity for realizing the construction investment objective and prepares the substantiation note.

(6) In the case where the Beneficiary is also the developer of the investment objective, it ensures the determination of the feasibility of the investment objective, the financing of works and the contracting of designers, consultants, specialists and specialized contractors, depending on the specifics, scope, difficulty of construction and consequence class.

(7) The Beneficiary/Investor is responsible for the good-faith selection of the project team, namely the contractors and consultants, ensuring that they have the capacity, competence and experience in accordance with the minimum quality level necessary for the realization of the investment objective.

(8) The Construction Beneficiary has the following obligations:

a) engagement of specialized designers, in accordance with Book II Title V of this code;

b) definition and full assumption of the design brief;

c) assumption of successive estimated budgets proposed by the designer in stages 1-4 of the investment;

d) carrying out the procedures to obtain the building permit or, as the case may be, notification of public authorities;

e) execution of construction works only under the conditions of compliance with the provisions of the building permit, urban planning and construction quality regulations;

f) verification of the fulfillment of the conditions necessary for the commissioning of the construction only after acceptance of the reception upon completion of works;

g) verification of the fulfillment of the conditions necessary for the developer to ensure all necessary utilities and the fulfillment of all conditions for the commissioning of authorized and final connections to the public utility networks of the utility infrastructure;

h) permission for the exploitation of the construction by users only after the fulfillment of all conditions for acceptance of the reception upon completion of works and the takeover of the construction by the Beneficiary from the contractor or developer, as the case may be;

i) registration in the land register;

j) ensuring the fulfillment of the fundamental requirements applicable to the construction, throughout the entire duration of the construction's existence;

k) timely execution of maintenance and current repair works provided for in the technical record of the construction and resulting from the activity of monitoring the behavior over time of the constructions;

l) preservation and updating of the technical record of the construction and its handover, upon disposal of the construction, to the new Beneficiary;

m) compliance with the provisions contained in the act called "Obligation regarding the use of the historical monument", drawn up in accordance with Law no. 422/2001, republished, with subsequent amendments and additions, in the case of historical monument constructions;

n) ensuring compliance with the provisions of the user manual, respectively of the operation specifications sheet, included in the technical record of the construction, and its traceability;

o) ensuring the monitoring of the behavior over time of the constructions, in accordance with the provisions of the technical record and applicable technical regulations;

p) execution, as the case may be, of any intervention works on the construction only on the basis of projects prepared by authorized natural or legal persons and verified by certified technical verifiers;

q) ensuring the execution of works from the post-use stage of constructions, in compliance with the legal provisions in force;

r) establishment, upon expiration of the projected duration of existence of the construction, of the directions regarding the post-use of the construction;

s) conclusion of a civil liability insurance.

(9) The Beneficiary together with the developer, if applicable, are obliged to carry out both the reception upon completion of works and the final reception and to put into operation all connections to utility services in accordance with the opinions issued by the public utility service operators prior to permitting the exploitation of the construction.

(10) The conclusion of the insurance provided for in para. (8) lit. s) is not mandatory, in the case where the Beneficiary/Investor is also the user of a construction with the destination of individual/single-family dwelling.

(11) The exception provided for in para. (10) applies to a single construction with the destination of individual/single-family dwelling, which is the property of the Beneficiary.

Article 421 - User

(1) The User is the person who has acquired, under the conditions of the law, a right of use over the construction.

(2) The User of the construction has the following obligations:

a) use of the construction in accordance with the user manual provided for in the technical record of the construction and in accordance with the contract concluded between the user and the Beneficiary;

b) timely execution of maintenance and repair works that fall to it in accordance with the contract provided for in lit. a);

c) execution of intervention works on the existing construction only with the consent of the Beneficiary and in compliance with legal provisions;

d) compliance with the provisions of the obligation regarding the use of the historical monument, in the case of historical monument constructions;

e) execution of the monitoring of the behavior over time of the constructions in accordance with the technical record of the construction and the contract provided for in lit. a);

f) notification, within 24 hours, of the State Construction Inspectorate, in the case of technical accidents in constructions in operation;

g) notification of the Beneficiary in the case of the appearance of quality defects or regarding any event that prevents the proper functioning of the construction and its subassemblies.

Article 422 - Developer

(1) The Developer is a natural or legal person of public or private law who finances and carries out construction works for new constructions or interventions on existing constructions, including who develops real estate projects of collective condominiums or individual dwellings for the purpose of disposal.

(2) Any beneficiary, within the meaning of art. 431, may have the status of developer, assuming all obligations regarding the management of the investment project that fall to the developer.

(3) The developer is the principal responsible party for the construction work and does not have the possibility to transfer the responsibilities arising from this status to the beneficiary.

(4) The developer, only when also having the status of beneficiary, is obliged to ensure the feasibility of the investment project in construction, to establish the design brief, to secure financing for the works, and to engage designers, contractors and specialist consultants, depending on the specifics, scope and difficulty of the investment objective. In this situation, the developer is responsible for the good faith selection of the project team, namely the designers, contractors and consultants, ensuring that they have the capability, competence and experience in line with the minimum quality level required for the achievement of the investment objective.

(5) The developer has the following obligations, which it may fulfill directly or through third parties contracted in accordance with the law:

a) preparation of the substantiation note, in the case of investment projects in construction financed entirely or partially from public funds, ensuring the preparation of the design brief for all types of projects, regardless of the source of financing, in accordance with the legal framework, and assumption of the design brief jointly and severally with the beneficiary/investor, in the event that they are different entities;

b) establishment of the performance objectives that the investment objective must achieve, provided that their level is not lower than the regulated performance criteria;

c) obtaining the agreements, approvals and authorizations provided by law for the achievement of the investment objective;

d) ensuring the design and execution of construction works through certified/accredited natural or legal persons;

e) ensuring the verification of projects by certified project verification specialists, with respect to their independence from the construction designer;

f) ensuring the verification of the correct execution of construction works by authorized site managers, throughout the duration of the works;

g) preparation of the specifications for the selection of the designer and the contractor;

h) taking action to resolve non-conformities, defects that appear during the execution of the works, as well as project deficiencies;

i) organization of the reception upon completion of the construction works, as well as the final reception upon expiration of the warranty period;

j) preparation of the technical book of the building and registration of the building in the National Register of Buildings;

k) delivery to the beneficiary of the building only after acceptance of the reception upon completion of the construction works and commissioning of the authorized and final connections to the public utility networks of the utility infrastructure, both in the case of new construction investment projects and in the case of interventions on existing buildings;

l) conclusion of a civil liability insurance policy;

m) compliance with obligations towards the financier in accordance with the contract concluded with it, if applicable.

(6) The developer is responsible for the completion of the real estate project and may promise the transfer of an individual unit within the future condominium or future individual dwelling only after the registration of the building authorization in the land register, the completion of the pre-apartment operation for future condominiums and the opening of land registers for individual units representing future assets, in accordance with the Cadastre and Real Estate Publicity Law no. 7/1996, republished, with subsequent amendments and additions.

(7) Preliminary sale agreements/Preliminary purchase agreements/Bilateral preliminary sale-purchase agreements having as object individual units within the future condominium or future individual dwellings shall be concluded only in authentic form, after the registration of the building authorization in the land register and after prior obtaining of the land register extract for the future individual unit or, as the case may be, for the future individual dwelling.

(8) The notary public requests the registration in the land register of the preliminary sale agreement/preliminary purchase agreement/bilateral preliminary sale-purchase agreement provided for in para. (7), on the day of its execution or at the latest on the next working day.

(9) Conventions regarding the reservation of the purchase of individual units within the future condominium or future individual dwellings may be concluded for a maximum period of 60 days, followed by the conclusion of the deed provided for in para. (7) or the conclusion of the sale-purchase contract. The amounts paid by the purchaser regarding the reservation of the purchase of individual units within the future condominium or future individual dwellings shall be deducted from the sale price and may not exceed 5% of the price, under penalty of absolute nullity of the reservation convention. In the event that by the expiration of the maximum period of 60 days the preliminary agreement provided for in para. (7) or the sale contract is not concluded, due to the exclusive fault of the developer, the developer shall refund in full, within 30 days, the amounts received under the reservation convention.

(10) Amounts paid by the purchaser as an advance under the preliminary sale agreement/preliminary purchase agreement/bilateral preliminary sale-purchase agreement shall be deposited in a separate bank account of the developer, dedicated to the development of the project for which the advance was paid, and may be spent by the developer only for the purpose of developing that project and only with the "approved for payment" stamp of the responsible person/site manager, for the structural part a maximum of 25% of the price and, after its completion, for the installations part a maximum of 20% of the price.

(11) The use of amounts paid by the purchaser as an advance under the preliminary sale agreement/preliminary purchase agreement/bilateral preliminary sale-purchase agreement for purposes other than those provided by this law is prohibited and is sanctioned with a fine of 1% of the turnover, recorded in the previous year, of the developer, if the act does not constitute an offense under the law.

Article 423 - Responsibilities of the beneficiary/developer during the stages of the investment project lifecycle in construction

(1) At stage 0 - strategic definition:

a) the beneficiary establishes the project team, which includes: designers, developer, project manager and external consultants, as applicable, with roles and responsibilities for management, monitoring and control;

b) the responsibility for preparing the documentation for stage 0 belongs to the beneficiary, who may contract specialized services for their preparation.

(2) At stage 1 - definition of the design brief and feasibility determination:

a) the responsibility for preparing/ensuring the preparation of the documentation for stage 1 - definition of the design brief and feasibility determination falls to the developer;

b) if the documentation for stage 1 is prepared by engaging external consultants, the beneficiary and developer approve and assume responsibility for its final form;

c) the developer is responsible for carrying out purchases, in accordance with the procurement strategy summarized in the previous stage within the strategic brief.

(3) At stage 2 - definition of the project concept:

a) the beneficiary or developer, as applicable, receives the project concept;

b) the beneficiary or developer updates the design brief together with the designers, if necessary.

(4) Within stage 3 - basic project solutions and authorization: The beneficiary or developer, as applicable, receives and approves the basic solutions that constitute the project for construction authorization and follows the construction authorization process, in accordance with art. 249.

(5) At stage 4 - technical development of the project:

a) the beneficiary or developer obtains approvals and permits based on the technical execution project verified by certified verifiers, in accordance with the list of permits included in the urban planning certificate for construction or for engineering works;

b) if the technical execution project does not comply with the construction authorization, a request for a modification authorization is submitted.

(6) At stage 5 - construction execution, the developer has the following obligations during the construction works execution period:

a) to keep on site the construction authorization, including the project for construction authorization marked as unchanged, together with the technical execution project - P.Th and execution details for carrying out the authorized construction works, which will be presented upon request by the competent control bodies;

b) to stop the execution of works and to notify the responsible parties in the event of any unforeseen activity that has led/may lead to risks regarding the integrity of the investment, as well as regarding the possibilities of accidents with potential consequences on loss of life, property or affecting the environment;

c) to stop the execution of works in all public or private execution contracts, in case archaeological remains are discovered, to take protection and safeguarding measures and to immediately notify the authorization issuer, as well as the county directorate for culture, respectively of Bucharest Municipality. In these situations, the execution and completion deadlines for investments provided in all public and private works contracts are automatically extended, by the effect of this code, with the period calculated in days necessary for archaeological research by the organizing institutions, in accordance with the provisions of specific legislation, without the application of penalties or financial corrections;

d) to comply with the conditions imposed by the use and protection of public domain, as well as environmental protection, in accordance with general and local regulations;

e) to report quarterly the status of the authorized construction completion until the completion of works, in order to complete the database of public administration authorities.

(7) At stage 5 - construction execution, the developer has the following obligations upon completion of construction works:

a) organizing the reception upon completion of the work, based on the notification sent by the construction works contractor, and finalizing it within 30 days of receiving the notification;

b) regularization of taxes and legal fees, depending on the final value of the investment, supported by documents, as determined by I.S.C. based on the communication received from the authorization issuer regarding the final value of the investment;

c) declaration of the investment for taxation purposes with the territorial financial authorities;

d) authorization of operation, where applicable;

e) for national interest transport infrastructure projects authorized by the Ministry of Transport and Infrastructure, regularization of taxes and legal fees, depending on the final value of the investment, supported by documents, as determined by I.S.C. based on the communication received from the beneficiary regarding the final value of the investment.

(8) At stage 6 - delivery of the construction:

a) the beneficiary and/or user are responsible throughout the operation/use period of the construction regarding ensuring use/operation in safe conditions, in compliance with the legal and technical requirements imposed;

b) the beneficiary/developer, as applicable, has the obligation to organize the final reception process in accordance with the law.

(9) At stage 7 - use of the construction:

a) the beneficiary and user of the investment objective are responsible for the use/operation of the construction, maintaining an optimal technical and operational level;

b) the beneficiary and user of the investment objective are responsible for ensuring the monitoring of the construction's behavior over time;

c) the beneficiary has the obligation to ensure the final evaluation process at the end of the construction's standard lifespan, in accordance with art. 368 para. (3).

Article 424 - General provisions regarding designers

(1) A designer is a graduate of higher education, completed with a bachelor's degree or equivalent in one of the specializations specific to the construction and architecture field.

(2) Designers are responsible for designing and developing projects and related documentation for stages 1, 2, 3 and 4, on the basis of and in compliance with which construction works are carried out by contractors. Designers may also have responsibilities at stage 0 of the investment, according to the contractual conditions agreed between the parties. In addition to the mandatory technical assistance activities expressly defined in art. 437 para. (1) lit. e), h), i), j) and k), the designer may provide, upon request and according to contractual conditions, any activities from stages 5 and 6.

(3) Designers carry out an activity of public interest.

(4) The contractual conditions agreed between the parties cannot establish responsibilities lower than those provided by law.

(5) Designers are liable according to their obligations for the parts of the project they have developed for hidden defects of the construction, appearing within 10 years from the acceptance of the work completion.

(6) If at any stage of the investment project lifecycle or even during the performance of a stage one of the designers is replaced by another designer, regardless of the reasons for replacement, the new designer assumes full responsibility and undertakes the work and completion of their mission only after the contractual relationships between the beneficiary and the replaced designer have been terminated.

(7) The assumption of responsibility by the new designer is done in writing.

(8) In the situation provided for in para. (6), the replaced designer is liable for what they have provided and signed until their replacement, for hidden defects of the construction resulting from an error on their part. If the product resulting from their work no longer complies with legislation, technical regulations and quality requirements, as a result of the solution being modified by the one replacing them, then the replaced designer is relieved of liability.

(9) Designers have the obligation to conduct their activity in compliance with copyright and intellectual property rights provided by Law no. 184/2001 on the organization and practice of the architect profession, republished, with subsequent amendments and additions, and by Law no. 8/1996 on copyright and related rights, republished, with subsequent amendments and additions.

(10) The designer updates the general budget at the written and justified request of the beneficiary, exclusively for the purpose of contracting.

(11) The designer will not be involved in financial updates of the budget after the start of project execution.

(12) The designer is not liable civilly or criminally, as the case may be, if the courts find the performance or omission of performance, in good faith and without negligence, of any act or fact in connection with the realization of the estimated budget of the investment.

Article 425 - Activity carried out by designers

(1) Design represents the set of activities carried out by designers for the conception and development of technical-economic documentation - in economic phases of investment substantiation or successive design phases whose content progressively details and develops the design theme, the concept in the technical solution, until the development of the final execution project.

(2) Design is entrusted by contract, in whole or by specialties, to economic operators/natural persons authorized and qualified under the law to provide design activities.

Article 426 - Responsibility of designers

(1) Construction designers are responsible for fulfilling the following main obligations regarding the quality of constructions:

a) development of design documentation for investment stages 1, 2, 3 and 4, as well as design documentation from stages 0 and 5, developed by them in accordance with contractual clauses;

b) specification through the project of the consequence class of the construction;

c) ensuring through technical projects and execution details the quality level corresponding to requirements, in compliance with technical regulations and contractual clauses;

d) presentation of the developed projects to project verification specialists, as well as resolution of non-conformities and discrepancies reported, both regarding non-compliance with the minimum provisions of codes and/or design standards, and the design brief;

e) development of specifications for the execution of works, specifications for operation, maintenance and repairs, and, where applicable, monitoring projects regarding the behavior over time of constructions;

f) establishment, through the project, of the execution phases decisive for works related to requirements and participation on site in quality checks related to them;

g) participation, at the request of the beneficiary/developer, within the limits agreed through contractual conditions, in the activity of selecting, as a consultant, the contractor, with the purpose of verifying the conformity of their technical offer with the developed project;

h) establishment of the method of treating defects appearing in execution, due to the designer's fault, in constructions where they must ensure the quality level corresponding to requirements;

i) participation in the acceptance of the completed executed works;

j) provision of technical assistance, in accordance with contractual clauses, for the developed projects, during the period of execution of constructions or intervention works on existing constructions;

k) participation of designers by specialties in all decisive execution phases from the project and of the chief designer, where applicable, in the acceptance of the completed works, in case they have provided technical assistance.

(2) Construction designers may participate only in the development of those projects for which they are qualified by university diploma, in accordance with the competencies established, under the conditions of the legislation on national education.

(3) Designers sign only those site documents for which they have obligations, namely the site provisions they develop. Quality control reports in decisive phases and the report at the completion of works will be signed by them only after these have been signed by those responsible for ensuring the quality of construction works, namely the site manager and the technical person responsible for execution.

(4) The designer is not responsible for quality control of execution works.

Article 427 - Architects

(1) Architects, lead architects and interior architects carry out their activities in compliance with Law no. 184/2001, republished, with subsequent amendments and additions.

(2) The practice of the professions provided for in para. (1) is carried out with or without signature rights.

(3) The practice of the professions provided for in para. (1) may be carried out both in the private sector and in the public sector.

Article 428 - Architect's Activity

(1) The practice of architecture in the fields of architecture, interior architecture, urbanism and territorial planning consists of:

a) specific architecture activities, namely interior architecture, under the conditions of art. 429, carried out under the responsibility of signature rights;

b) specific architecture activities that require additional qualifications to the signature rights provided by specific legislation on architecture design in the field of restoration of historical monuments;

c) complementary architecture activities that do not require signature rights under the law, but which may be exercised by architects only on condition of obtaining other certifications;

d) other activities in the field of design, design and plastic arts, education and scientific research in the field of construction and construction technologies, administration and regulation, which do not require assumption of responsibility through signature rights, membership in the Order of Architects of Romania or additional certifications.

(2) The specific architecture activities provided for in para. (1) lit. a) include:

a) development and coordination of the architectural concept for the purpose of substantiating investment development;

b) development and coordination of technical execution projects and execution details for constructions;

c) development and coordination of technical documentation for feasibility studies, documentation for approval of intervention works, technical documentation for building authorization, as well as documentation for obtaining the necessary approvals for this;

d) coordination of specialty projects that make up the project for building authorization;

e) modelling called Computer-Aided Design CAD or collaborative methodology BIM - Building Information Modelling;

f) development of execution details and monitoring of the implementation of architecture projects within the activity of technical assistance of the designer, carried out within the limits of the contractual conditions between the parties;

g) reception of architecture works by the developer of the authorized project.

(3) The specific architecture activities provided for in para. (1) lit. b) are those activities provided for by Law no. 422/2001 on the protection of historical monuments, republished, with subsequent amendments and additions.

(4) The complementary activities provided for in para. (1) lit. c) include at least:

a) urbanism and territorial planning;

b) technical verification of projects;

c) technical expertise of projects;

d) site management;

e) technical responsibility for the execution of works on site;

f) energy audit;

g) judicial expertise.

(5) Activities that may be carried out without signature rights include:

a) conception of architecture projects, provided that they are not intended to obtain building authorizations;

b) conception of interior design and decoration projects, provided that the project does not include works for which building authorization is required;

c) furniture design, product design and graphic works;

d) specialized consultancy;

e) applied arts;

f) scenography;

g) education, research-innovation in the field of construction, construction materials and technologies;

h) scientific research, criticism and theory in the field of architecture and construction;

i) development of technical regulations;

j) administration and control.

(6) The practice of architecture is a complex act of technical and aesthetic creation and service provision, carried out through the preparation of projects, coordination of related studies and documentation prepared by other specialists, studies, research and design topics and programmes, design competitions, technical documentation, models, surveys and other similar activities.

(7) The architect carries out an activity of public interest in accordance with the law.

Article 429 - Interior Architects

(1) The practice of an interior architect consists of addressing any type of work concerning the interior space of existing buildings or those in the design or execution stage, regardless of consequence classes and architectural program, as follows:

a) preparation of the interior architecture design brief, survey, and concept;

b) study, research, planning, specialist advice and consultation, specific regulation in the fields of interior architecture, use of construction materials and specific technologies.

(2) The signature authority of the interior architect is exercised on all documents/technical documentation of interior architecture projects prepared, consisting of written and drawn parts, in all phases of interior architecture design provided by law, as follows:

a) documentation for obtaining specialist approvals requested through the urban planning certificate;

b) technical documentation for authorizing interior architecture works, as well as connection/linking to public utilities, where applicable;

c) management of interior design activities, supervision of works, technical assistance of works, control and site monitoring;

d) in the situation where the interior architect is a specialty project manager, they ensure the coordination of specialties involved in the interior architecture project and are responsible for project quality;

e) client assistance in concluding and conducting contractor agreements, during the works and at their reception.

Article 430 - Design Engineers in the Construction Field

(1) The design engineer in the construction field is the holder of an engineering diploma obtained following graduation from a higher education institution recognized by the Romanian state, which meets the mandatory minimum criteria for authorization and accreditation for university study programs in the fields of civil engineering and building services engineering or related fields of study, within the "engineering sciences" branch of sciences, such as geological engineering, electrical engineering, energy engineering and similar fields, for designing specialized works or those subject to specific technical regulations. Engineering design teams are composed by the design engineer project manager, who is assisted, as appropriate, by other design engineers and specialized technicians.

(2) Construction design is a complex act of technical creation, verification and optimization of the construction process, carried out through the preparation of projects, studies and documentation, briefs and research and design programs and competitions, technical documentation and similar activities.

(3) The practice of the design engineer in the construction field consists of:

a) specific activities of construction design and/or, as appropriate, of building services;

b) complementary activities to construction and building services design that can be exercised by construction design engineers only on condition of obtaining other certifications;

c) other activities in the field of design, education and scientific research in the field of construction and construction technologies, administration and regulation that do not require assumption of responsibility through signature authority or additional certifications.

(4) The specific construction design activities provided in para. (3) lit. a) include:

a) preparation and coordination of the engineering concept for construction and building services in order to substantiate investment development;

b) preparation of technical projects and execution details for construction and building services within the limits of competence;

c) preparation of engineering components of feasibility studies, technical documentation for construction authorization, as well as documentation for obtaining necessary approvals for this, within the limits of competence;

d) preparation of details and monitoring of implementation of engineering projects within the activity of technical assistance of the designer, carried out within the limits of contractual conditions between the parties.

(5) The complementary activities provided in para. (3) lit. b) include, at least:

a) technical verification of construction projects;

b) technical expertise of constructions;

c) site management for constructions;

d) technical responsibility for execution of works on site for constructions;

e) energy audit for constructions;

f) judicial expertise for constructions.

(6) The activities provided in para. (3) lit. c) include:

a) education, research-innovation in the field of construction, construction materials and technologies;

b) specialist consultation;

c) scientific research, critique and theory in the field of construction;

d) preparation of technical regulations;

e) administration and control.

(7) The design engineer in the construction field performs, on the basis of the brief received from the specialty project manager or from the project manager, as appropriate:

a) project-specific documentation;

b) extraction of data from approvals and other brief data;

c) structural or building services modelling and analysis;

d) evaluation of general and local response;

e) determination of stresses and deformations;

f) modelling called Computer-Aided Design CAD or collaborative methodology BIM - Building Information Modelling.

(8) The design engineer in the construction field prepares the following documentation:

a) technical memorandum;

b) calculation brief;

c) the drawn part of the engineering project, in the event that the design team does not include technical drafters, or prepares the drawing brief for technical drafters;

d) specifications, technical specifications for construction;

e) quality assurance programme in determining phases;

f) monitoring programme during construction;

g) specifications for operation, including the time-tracking programme for constructions.

(9) The specific activity carried out within the project by the design engineer in the construction field is verified by the specialty project manager.

(10) The technical drafter is the person who can prepare digital models, drawn parts of the project, quantity lists and material extracts.

(11) The specific activity carried out within the project by the technical drafter is verified by the architect or by the design engineer in the construction field, depending on the specific activities performed.

(12) The design engineer in the construction field carries out an activity of public interest in accordance with the law.

Article 431 - Engineers/Architects/Urban Planners for landscape design

(1) The Engineer/Architect/Urban Planner for landscape design is a graduate of a university study programme of minimum 4 years, with a diploma in related fields of study, or other equivalent document issued by higher education institutions recognised by the Romanian state, which meet the mandatory minimum criteria for authorisation and accreditation, or a specialist from related fields, such as architecture, urban planning, engineering, environment, horticulture, who has followed postgraduate specialisation courses in landscape design or who through professional activity with a duration of minimum 5 years has acquired professional experience in the field.

(2) In the preparation of landscape design projects, engineers graduated in the field of building services engineering, construction engineers, as well as other types of engineers participate in relation to the needs of the objective.

Article 432 - Economic operators providing design services

(1) Economic operators providing design services are legal entities established and organised in accordance with Law on Companies no. 31/1990, republished, with subsequent amendments and additions, or in accordance with Law no. 184/2001, republished, with subsequent amendments and additions, as the case may be.

(2) The economic operators referred to in para. (1) meet the following conditions:

a) the main object of activity consists of architecture, engineering and technical consultancy services related to these;

b) have implemented a management and quality assurance system for activities adapted to the types of constructions for which they provide design services;

c) have concluded professional civil liability insurance in accordance with the law.

(3) In the event that a design company provides architecture and engineering services in construction, the company meets the legal requirements applicable to both architecture design companies and engineering design companies.

(4) Economic operators providing design services are obliged to have professional civil liability insurance concluded at a level that covers the minimum risks associated with the activity carried out and to have implemented their own quality assurance system to ensure the level of quality of the services provided, which shall include at least document quality management, human resources management and contract management.

(5) The establishment, organisation and operation of architecture design companies is carried out in accordance with Law no. 184/2001, republished, with subsequent amendments and additions, and engineering design companies are legal entities established and organised in accordance with Law no. 31/1990, republished, with subsequent amendments and additions, with the main object of activity consisting of engineering activities and technical consultancy related to these.

Article 433 - General designer

(1) The general designer may be any of the economic operators providing architecture design services, respectively engineering and technical consultancy services related to these, or an association of economic operators providing design services, in accordance with the provisions of art. 432, and which has concluded contractual relations with the developer/beneficiary.

(2) The design contract between the developer/beneficiary and the general designer may include all design specialities involved in the design of the construction.

(3) The general designer who carries out design activities in accordance with the object of activity and who has concluded contractual relations with the developer/beneficiary is responsible for the services to be provided, in its own capacity or through subcontractors.

(4) In the event that the developer/beneficiary concludes separate contracts for the specialities involved in the project, depending on the object of activity of the design companies, then one of the economic operators providing design services, in accordance with art. 432, depending on the specifics of the construction investment project, will assume the role of project coordinator, ensuring the position of project manager, this aspect being stipulated in each of the design contracts.

(5) The general designer is, from a contractual point of view, the provider of design services, having the following main obligations:

a) notifying the beneficiary/developer of non-conformities and discrepancies found in the case of documentation from stage 1 - Definition of the design brief and determination of feasibility, in order to resolve them;

b) establishing in stage 2 - Development of the project concept, the level of verification required on construction domains/subdomains or specialities for installations related to constructions, depending on the consequence class of the construction;

c) ensuring the appropriate level of quality in accordance with requirements through its own quality system designed and implemented by its own personnel or through contractual relations;

d) submission for acceptance only of projects that comply with the design brief, applicable technical design regulations, quality requirements and for which verification has been carried out by authorized verifiers for buildings in consequence classes CC2, CC3, CC4, as provided in art. 370 para. (4).

(6) In providing the contracted services, the general designer may enter into contracts with service providers for specialties, as well as with other service providers necessary to fulfill the clauses of the design contract concluded with the developer/beneficiary.

(7) To ensure the appropriate quality level, the general designer has the right to submit projects for verification to other authorized project verifiers in addition to those provided in its own quality system.

Article 434 - Project Manager

(1) Project manager means the architect specialist with signing rights or interior architect with signing rights or design engineer in the construction field, with a role in leading a complex design team, which includes all specialties, or a design team by specialties, established according to the project's specifics.

(2) The project manager plans the project execution, schedules the timing, organizes activities and allocates resources, coordinates the team, ensures communication with the beneficiary/developer within the team and externally to interested bodies, coordinates and validates from a technical perspective the technical solutions developed by specialties while respecting the architectural and/or functional and/or technological vision of the project author.

(3) Project author means the architect specialist with signing rights or the interior architect with signing rights who develops the architectural concept or the design engineer who develops the engineering concept, in accordance with the design brief, with the requirements of construction legislation regarding performance criteria, as well as with the requirements of the developer/beneficiary, provided that these requirements do not fall below the requirements of this code and applicable technical regulations.

(4) For civil buildings, the position of project manager generally falls to the architect or, for limited cases provided by law, to the interior architect with signing rights.

(5) For buildings with specific programs, the position of project manager may also fall to the design engineer in the construction field, provided that an architect with signing rights also participates in the design team.

(6) For engineering constructions, industrial or agrozootechnical constructions, the position of project manager may fall to the design engineer in the construction field or to the architect.

(7) For green and/or public spaces, as well as for protective plantations with or without ecological role, the position of project manager may fall to the design engineer, architect or landscape architect.

Article 435 - Certified Technical Expert

(1) The certified technical expert is a specialist with activity in construction, architect or engineer, certified in one or more construction domains/subdomains or specialties for installations related to constructions or for foundation ground who performs technical expertise of constructions, execution of construction works and, in situations provided by law, performs technical expertise of projects.

(2) Technical expertise of projects cannot be performed by the same entity (certified technical expert or legal entity employing/subcontracting the technical expert) that performed the project being expertized or that performed technical verification of the project being expertized.

(3) Technical and professional certification and periodic confirmation regarding the exercise of the practice right of the technical expert is carried out according to art. 436.

Article 436 - Conditions for Certification of Technical Experts

(1) In order to obtain certification as a technical expert, the specialist must provide evidence of prior experience in the construction field and in construction design, established by order of the minister responsible for territorial planning, urbanism and construction.

(2) Expertise of existing constructions listed in the List of Historical Monuments shall be performed only by technical experts additionally certified in the field of historical monument protection, in accordance with the provisions of art. 382 para. (5).

(3) The practice right of technical experts, as applicable, is granted for an indefinite period and is confirmed periodically, every 5 years.

(4) To confirm the practice right, the technical expert presents evidence of experience as a technical expert, as well as evidence of completing continuous professional training courses.

(5) The mandatory conditions for certification and periodic confirmation of the practice right of technical experts, including those regarding work capacity and health, are established by the Methodology for Certification of Technical Experts, developed by the ministry with responsibilities in territorial planning, urbanism and construction and approved by order of the minister responsible for territorial planning, urbanism and construction.

(6) Compliance with the work capacity and health conditions provided in para. (5) and (7) is proven by undergoing medical examinations prior to requesting confirmation of the practice right.

(7) By exception to para. (3), confirmation of the practice right of technical experts who have reached the age of 70 is done annually regarding compliance with work capacity and health conditions.

Article 437 - Technical Expertise

(1) Technical expertise of projects, execution of works and constructions is a complex activity that includes, as applicable, tests, surveys, measurements regarding deformations and displacements, analyses and evaluations, necessary to assess the technical condition of an existing or unfinished construction, the manner in which construction works were executed or the manner in which a project complies with technical regulations to ensure the set of applicable fundamental requirements provided by law. Technical expertise may be performed for each fundamental quality requirement.

(2) Technical expertise is performed mandatorily in the following situations:

a) to substantiate the project for interventions on existing buildings;

b) in case of disasters or accidents caused by natural or anthropogenic factors, including technological activities, in order to assess the technical condition of damaged buildings;

c) upon expiration of the projected service life of buildings;

d) when assessing the influence of the construction or intervention on an existing building, including its demolition, on neighbouring properties.

(3) Technical expertise is also carried out in the following situations:

a) at the request of the beneficiary or developer regarding the project or execution of construction works during the operational period of buildings;

b) at the request of the beneficiary or developer for the assessment of existing buildings and the recommendation, if applicable, of intervention measures;

c) at the request of insurance companies;

d) at the request of courts.

(4) Expertise on existing buildings shall be recorded in the technical record of the building, and the summary of the technical expertise report shall be registered in the National Register of Buildings.

(5) The registration of the summary of the technical expertise report in the National Register of Buildings shall be carried out in compliance with the special law on the protection of natural persons with regard to the processing of personal data.

Article 438 - Interventions on existing buildings

Interventions on existing buildings shall be carried out only on the basis of the following documents prepared in accordance with the law, depending on their specifics:

a) diagnostic studies of the affected building, namely: studies identifying constructive compositions, including those using harmful substances, specific studies for historical monuments, archaeological sites, urban studies, landscape studies, studies on the evolution of spatial displacements and deformations, analysis of the compatibility of the spatial configuration of the existing building with the specific standards of its function and the extent to which it meets the fundamental quality requirements applicable;

b) technical expertise prepared by certified technical experts for the relevant fundamental quality requirements;

c) energy audit prepared by a certified energy auditor for buildings.

Article 439 - Obligations of the certified technical expert

(1) The certified technical expert has the following obligations:

a) preparation of the technical statement of findings, in order to establish the technical condition of the building from the perspective of ensuring the fundamental quality requirements of buildings, mainly the requirements regarding mechanical resistance and stability, fire safety and operational safety, by applying the qualitative evaluation method based on direct examination, on site, of the building, in accordance with the technical regulations in force in the construction field;

b) compliance with the technical regulations on the investigation and evaluation of buildings, in force at the date of signing the expertise contract; if the technical expertise substantiates a construction or intervention project on an existing building, the technical expertise shall be carried out on the basis of the legislation in force at the date of application for obtaining the building permit;

c) limiting actions strictly to the construction fields/subfields or specialties for building installations for which it holds certification;

d) keeping up-to-date the register of technical expertise carried out;

e) transmission of information from the summary of technical expertise reports prepared in accordance with Article 437 paragraph (4);

f) conclusion of professional civil liability insurance, valid for the duration of the exercise of the right to practice for the effective performance of the specific activities for which it was certified.

(2) The certified technical expert is responsible, in accordance with its obligations, for the conclusions of its expertise, for the entire projected service life of the building, or until a new expertise is carried out for building defects not identified as a result of non-compliance with the evaluation standards at the time the expertise was carried out.

(3) If the technical expert has assessed an existing building at the request of the building beneficiary, or at the end of the projected service life or the liability period of the parties involved, and the expertise has established compliance with the fundamental requirements, then the technical expert who assessed the building is responsible for the conclusion of the assessment within the limits of the quality requirement assessed by it and shall establish a programme for monitoring the building over time.

(4) In the situation provided for in paragraph (3), the technical expert shall also specify the period of time for which the building, system or building subsystem can continue to function under the given conditions, and in the building monitoring programme shall specify both the period of time in which the monitoring activity will be carried out and the frequency of performance.

(5) The result of the expertise provided for in paragraph (3) may be the extension of the projected service life of the building and the indication of the maximum period of time in which a new assessment will be carried out.

(6) The Developer/Beneficiary/Administrator is solely responsible for compliance with the monitoring programme in the situations provided for in paragraphs (3) and (4).

(7) It is prohibited for the certified technical expert to sign documents that are not prepared by it, such as surveys or technical documentation prepared for other construction fields/subfields and installation specialties for which it is not certified and for which it has not prepared technical expertise.

(8) The technical expert shall note, if applicable, the need for intervention and propose solutions regarding intervention on the existing building.

(9) In the situation provided for in paragraph (8), the designer and technical verifier who prepared/verified the technical intervention project are responsible for the proposed intervention solution, in accordance with the law.

Article 440 - Technical verification of projects

(1) Technical verification of projects regarding compliance with technical regulations relating to applicable fundamental requirements shall be carried out by specialist project verifiers certified, other than the specialist designers of the projects subject to verification.

(2) Project verification shall be carried out by certified project verifiers in accordance with the law, natural or legal persons who have certified project verifiers in their composition, who did not participate in the preparation of the project.

(3) By way of exception to the provisions of paragraphs (1) and (2), technical verification of projects classified as CC1 is not required, the responsibility for compliance with design standards being exclusively that of the architects and engineers who prepared the project.

(4) Technical verification of projects is carried out differentiated by project verification levels, depending on the classification of buildings in consequence classes, as follows:

a) level 1 verification;

b) level 2 verification;

c) level 3 verification;

d) level 4 verification.

(5) Technical verification of projects involving interventions on existing buildings listed in the List of Historical Monuments is carried out only by project verifiers additionally certified in the field of historical monument protection, in accordance with the provisions of art. 382 para. (5).

Article 441 - Level 1 Verification - NVP1

(1) Level 1 verification is performed for buildings classified as CC1.

(2) Level 1 verification is characterized by the assumption of responsibility by the architects and engineers who prepared the project, for the prepared project, without the obligation for the project to be verified by certified project verifiers.

Article 442 - Level 2 Verification - NVP2

(1) Level 2 verification is performed for buildings classified as CC2.

(2) Level 2 verification is characterized by a detailed review and is carried out by certified technical verifiers.

(3) The technical verifier for level 2 verification may be a certified natural person or an authorized legal entity that did not participate in the preparation of the project.

(4) Level 2 verification is a qualitative review regarding the following mandatory elements:

a) input data, namely the correctness of the classification in consequence classes, calculation assumptions, load combinations, values of partial safety coefficients, operating scenarios, correlation of equipment consumption parameters with installation capacities, evacuation routes, installation diagrams.

b) technical report for the project's compliance with applicable legal provisions;

c) constructability, namely the possibility of implementation in accordance with the terrain, with existing and approved techniques, technologies and materials;

d) the principal correctness of plans, sections and details;

e) the content of the project, the verifier ensuring that the project contains all components required by law, corresponding to the design phase in which the project is located;

f) compliance with applicable fundamental requirements provided in the project;

g) consideration in the design of concepts and/or conditions for building durability, environmental protection, resilience and economic sustainability;

h) the existence within the project of a specifications document for operation.

Article 443 - Level 3 Verification - NVP3

(1) Level 3 verification is performed for buildings classified as CC3.

(2) Level 3 verification is carried out by certified technical verifiers or by verification companies authorized under the provisions of this code, which did not participate in the preparation of the project.

(3) Level 3 verification is a qualitative and quantitative review which, in addition to the mandatory elements included in level 2 verification, also includes the following mandatory elements:

a) the correctness of calculation models, global and local sizing calculations;

b) detailed level plans, sections and details;

c) correspondence between all project documents: calculations, drawings.

(4) For the purposes of para. (3) lit. a), a review of all calculations performed by the designer is carried out and their correctness is confirmed.

Article 444 - Level 4 Verification - NVP4

(1) Level 4 verification is performed for buildings classified as CC4.

(2) Level 4 verification is characterized by an extended approach and is carried out by technical verifiers, certified natural persons or by a verification company, a legal entity authorized under the law, which did not participate in the preparation of the project.

(3) Level 4 verification is a qualitative and quantitative review which, in addition to the mandatory elements included in level 3 verification, also includes the following mandatory elements:

a) detailed parallel and independent calculation at global level, as well as at critical points using calculation tools and methods at least equal to those used in design by the interdisciplinary team of designers;

b) plans, sections, elevations and only details that may have a critical effect in meeting fundamental requirements;

c) correlation between all main project documents: global calculation summaries, drawings indicated at lit. b) and specifications documents;

d) the correctness of specifications in the documents for the execution of construction and operation works.

(4) The value differences between the calculation performed by the designer and the parallel calculation performed by the verifier shall not exceed 5%. In the event that the value differences are greater, the project must be revised and verification must be resumed after the revision.

(5) Level 4 verification is carried out either by certified project verifiers or by verification companies organized according to art. 449.

Article 445 - Obligations of the technical verifier

(1) The technical verifier has the following obligations:

a) compliance with technical regulations concerning the design and technical verification of constructions, in force on the date of submission of documentation for obtaining the building permit;

b) compliance with the level of design verification in accordance with the consequence class in which the designed construction falls, the provisions and requirements related to the respective verification level;

c) carrying out project verification strictly in the construction domains/subdomains or specialties for installations related to constructions for which it is certified;

d) preparation of the technical verification report;

e) keeping up-to-date the register of evidence of verified projects;

f) conclusion of professional civil liability insurance, valid for the duration of the exercise of the right to practice for the effective performance of the specific activities for which it was certified.

(2) It is forbidden for the certified verifier to verify and sign surveys or technical documentation prepared for other fundamental requirements than the one it verifies.

(3) The design phases verified by the technical verifier are: the project for building authorization - PAC, technical execution project - PTh, execution details - DE.

(4) The technical verifier does not verify feasibility studies, the concept and the actual executed project.

(5) The technical verifier is not responsible for verifying site provisions, except for investments in consolidation of buildings and historic monument buildings.

(6) The technical verifier is not responsible for verifying construction work on site.

(7) The mission of the technical verifier ends upon delivery of the project, except in the situations provided for in para. (5).

(8) In the situation where the level of design verification is NVP4, the prepared verification report is accompanied by calculation and sizing notes.

(9) The certified technical verifier is expressly forbidden any intervention in the choice and/or modification of architectural or engineering design solutions.

(10) The certified technical verifier has the exclusive role of certifying that the project prepared by the architects or design engineers, as appropriate, complies with the provisions of the fundamental requirements for which it was certified according to the law.

Article 446 - Liability of the technical verifier

(1) The certified technical verifier, the certified designer or the technical verification company for construction projects is liable for 10 years from the date of delivery/reception of the construction for the conclusions of the verifications carried out, and after this period expires, for the entire duration of the construction's existence, for defects in the load-bearing structure resulting from non-compliance with design standards in force on the date of its execution.

(2) The liability of the certified technical verifier is:

a) limited in the case of NVP2, proportional to the type of verification, the verifier's liability overlapping with the designer's liability only for what it verified, according to art. 452 para. (4);

b) advanced in the case of NVP3 and NVP4, proportional to the type of verification, the verifier's liability overlapping with the designer's liability only for what it verified, according to art. 443 para. (3) and art. 444 para. (3).

Article 447 - Certified project verifier

The project verifier is the specialist with activity in construction design certified in one or more construction domains/subdomains or specialties for installations related to constructions, who carries out technical verification of projects for new constructions and arrangements or for interventions on existing constructions, classified by the designer in consequence classes CC2, CC3 and CC4, with regard to compliance with technical regulations concerning applicable fundamental requirements.

Article 448 - Certification of project verifiers

(1) In order to certify the quality of project verifier, provided for in art. 382 para. (1), the specialist must provide evidence of prior experience in the construction field and in construction design, which are established by order of the minister responsible for the field of territorial planning, urbanism and constructions.

(2) The right to practice of verifiers is granted for an indefinite period and is confirmed periodically.

(3) The mandatory conditions for certification and periodic confirmation of the right to practice of project verifiers, including those concerning work capacity and health, are established by the certification methodology, approved by order of the minister responsible for the field of territorial planning, urbanism and constructions.

(4) Compliance with health conditions established by the methodology provided for in para. (3) is proven by a medical certificate from occupational medicine.

Article 449 - Technical verification companies for construction projects

(1) Technical verification companies for construction projects are legal entities established and organized according to Law no. 31/1990, republished, with subsequent amendments and additions, with the main business activity consisting of architecture and engineering activities, testing and technical analysis activities.

(2) The same authorized legal entity that prepared the project being verified cannot have the quality of technical verifier, regardless of the contractual relationship as employee/contractor existing between the two entities.

(3) The obligations and responsibilities of technical verification companies for construction projects are:

a) to carry out technical verification in accordance with the design verification levels, differentiated by consequence classes;

b) to have implemented a management and quality assurance system for the activities they carry out adapted to the types of constructions and consequence classes of constructions for which it can provide services, in accordance with applicable standards for the management and quality assurance system;

c) not to conclude technical design verification service contracts for which they do not have procedures in the quality system and/or do not have qualified personnel corresponding to the project typology that is the subject of the technical verification service contract;

d) to prepare and update quarterly the electronic register of evidence of activity and technical verification work in which they participated, as well as those in progress;

e) to make available to the authorities with control responsibilities in construction, upon their request, the documents prepared in the exercise of their obligations;

f) to conclude professional civil liability insurance, valid for the duration of exercising the right to practice for the effective performance of the specific activities for which they have been authorized, at a level that covers the minimum risks associated with the activity carried out.

(4) The authorization of project verification companies is carried out by the ministry responsible for the field of territorial planning, urbanism and construction, based on a report from which it results:

a) the technical project verification company has carried out, in the last fully completed fiscal year, project verification activities for construction technical projects in their entirety or design phases thereof. Such activities shall be certified by the existence of the electronic register of technical verifications;

b) the technical project verification company has employed certified project verifiers.

(5) The confirmation of the right to practice of project verification companies is carried out by the ministry responsible for the field of territorial planning, urbanism and construction once every 5 years, based on a report from which it results that the technical project verification company has maintained the criteria for which it was authorized, in each fully completed fiscal year until the date of the request.

(6) Project verification companies for construction may conclude collaboration contracts with certified project verifiers, for those requirements that the company cannot ensure through its own employed staff, in order to supplement the requirements for the verified projects.

(7) For the purpose of technical verification of a project, at least for the verification levels of design for constructions located in CC4, the beneficiary/developer may conclude technical verification service contracts with one or more technical project verification companies for construction.

(8) In the event that the project is technically verified by a technical project verification company, the responsibility for technical verification rests with the technical verification company.

Article 450 - General Provisions on Contractors

(1) Contractors are natural or legal persons who have a role throughout the entire construction execution cycle, namely the execution and verification of construction execution. Consultants, technical experts and specialized contractors with monitoring provided for in art. 550 para. (15) have a role also during the period of use of the construction.

(2) For the purposes of this code, the following parties involved have the status of contractors:

a) construction contractors;

b) person responsible for verifying execution, namely the site manager and the technical person responsible for execution;

c) consultants and other specialists.

Article 451 - Liability of Contractors

(1) Contractors are liable according to the obligations incumbent upon them in accordance with the provisions of this code and specific regulations, as well as according to the contracts concluded with the beneficiary or developer.

(2) Contractual conditions agreed between the parties cannot establish liabilities lower than those provided by law.

(3) Contractors are liable according to the obligations incumbent upon them for hidden defects of the construction, appearing within an interval of 10 years from the acceptance upon completion of the work, as well as after this period expires, for the entire duration of the construction's existence, for defects of the load-bearing structure resulting from non-compliance with the project and/or execution standards in force at the time of its execution.

(4) In the event that between different stages of the investment project's life cycle or even during the performance of a stage, one of the contractors is replaced by another contractor, regardless of the reasons for which it was replaced, the new contractor assumes full responsibility, undertakes the work and completion of its mission, only after the contractual relationships between the beneficiary and the replaced contractor have been terminated.

(5) The assumption of responsibility by the new contractor is done in writing.

(6) In the situation provided for in para. (4) the replaced contractor is liable for what it has performed and signed until its replacement for hidden defects of the construction resulting from an error of its own. If the product resulting from its performance loses the performance properties intended as a result of the modification of the solution by the one replacing it, then the replaced contractor is relieved of liability.

(7) Copyright and intellectual property rights are subject to applicable legislation in the matter.

Article 452 - General Contractor

(1) The general contractor is a legal person or an association of legal persons that carries out work execution activities in accordance with its business object and that has concluded contractual relationships with the developer/beneficiary, for the execution of works that it is to execute, in its own capacity or through subcontractors.

(2) In carrying out the contracted work, the general contractor may conclude contracts with specialty contractors and suppliers.

(3) The general contractor is, from a contractual point of view, the executor of construction works, having the following main obligations:

a) notifying the beneficiary/developer of non-conformities and discrepancies found in projects, in order to resolve them;

b) notifying, through the technical person responsible for execution, within 24 hours, the I.S.C. in the event of technical accidents occurring during the execution of works;

c) beginning the execution of works only on constructions authorized in accordance with the law and only on the basis of and in accordance with verified technical execution projects, under the conditions of art. 440;

d) ensuring the appropriate level of quality according to requirements through its own quality system designed and implemented by its own staff, with authorized technical persons responsible for execution;

e) convening the parties that must participate in the verification of works that have reached determining phases of execution and ensuring the necessary conditions for carrying out such verification, in order to obtain approval to continue the works;

f) resolving non-conformities, defects and discrepancies that appear in the execution phases, only on the basis of solutions established by the designer with the agreement of the beneficiary/developer;

g) use in the execution of works only the products and procedures provided for in the project, certified or for which technical approvals exist, which lead to meeting the requirements, as well as managing witness samples; replacement of products and procedures provided for in the project with others that meet the specified conditions and only on the basis of solutions established by the designers with the agreement of the beneficiary/developer;

h) compliance with the projects and execution details to achieve the level of quality corresponding to the requirements;

i) submission for handover only of constructions that meet the quality requirements and for which the necessary documents for preparing the technical book of the construction have been handed over to the beneficiary/developer;

j) implementation, within the established deadlines, of the measures ordered through control acts or through the acceptance documents of construction works;

k) remediation, at its own expense, of quality defects arising from its fault, both during the execution period and during the warranty period established in accordance with art. 531;

l) restoration of temporarily occupied land to its initial state, upon completion of the execution of works;

m) establishment of the responsibilities of all participants in the production process - responsible parties, collaborators, subcontractors - in accordance with the adopted quality assurance system and with the legal provisions in force;

n) notification of the developer/beneficiary and the owner regarding the completion of the work and request for convening the acceptance committee;

o) compliance with obligations regarding environmental protection and other obligations in accordance with the building authorization for the execution stage.

(4) The general contractor is responsible to the beneficiary/developer for the execution of the entire work based on the contract for works concluded with it.

Article 453 - Specialty Contractor

(1) The specialty contractor is the specialist, legal entity or natural person, contracted by the general contractor, for the purpose of executing specific activities, parts or elements of the work or services, for which it holds the necessary specialization.

(2) The specialty contractor is responsible to the general contractor for the part of the work to which it has committed through the subcontracting agreement.

Article 454 - Site Manager

(1) The site manager is an authorized construction specialist with responsibilities for verifying the correct execution of construction works, in accordance with the technical documentation/technical and economic documentation related to them.

(2) The site manager carries out his activity as an employee/contractor of the developer or beneficiary, as the case may be, for the purpose of verifying the correct execution of construction works, throughout the works, being independent from the other parties involved.

(3) The activity of the site manager is incompatible with any activity of design, execution, verification or expertise for the work in which he is involved as a site manager.

(4) Authorization and periodic confirmation regarding the exercise of the right to practice of site managers is carried out by I.S.C.

(5) Intervention works on existing constructions listed in the List of Historical Monuments shall be carried out only with site managers additionally authorized in the field of protection of historical monuments, in accordance with the provisions of art. 382 para. (5).

Article 455 - Conditions regarding authorization and exercise of the right to practice of site managers

(1) The right to practice of site managers is granted for an indefinite period and is confirmed periodically, in accordance with the legislation.

(2) By order of the minister responsible for territorial planning, urbanism and construction, mandatory conditions for authorization and periodic confirmation of the right to practice of site managers shall be established, with the aim of determining the work capacity and health of persons to be authorized or whose right to practice is to be confirmed.

Article 456 - Duties and obligations of the site manager

(1) The site manager has the following duties and obligations:

a) to know the provisions of the project for building authorization and of the technical execution project, verified in accordance with art. 440;

b) to participate directly in the continuous verification of execution works, including in the determining phases provided for in the quality control plan of construction works;

c) to draw up non-conformity reports in case of discrepancies between the requirements and provisions of the execution project and the work put in place or non-conformities of the quality of execution, reports which it forwards to the designer for resolution;

d) to stop the execution of construction works in case of technical accidents and/or to detect deviations from the provisions of technical regulations and/or from the provisions of the execution project, to notify I.S.C. within 24 hours or, as the case may be, the control structures of the Ministry of National Defence, Ministry of Internal Affairs, National Administration of Penitentiaries, Romanian Intelligence Service, Foreign Intelligence Service, Special Telecommunications Service, Protection and Guard Service and National Administration of State Reserves and Special Issues and to permit the resumption of works only after their remediation;

e) to make available to the control authorities, at their request, the documents drawn up in the exercise of the obligations incumbent upon it;

f) to draw up and keep up to date the electronic register of evidence of activity with the construction works in which it carries out its activity;

g) to participate in continuous professional development courses for construction specialists, for the fields/subfields for which it is authorized;

h) to conclude professional civil liability insurance, valid for the duration of the exercise of the right to practice for the actual performance of the specific activities for which it was authorized, at a level that covers the minimum risks associated with the activity carried out;

i) ensures the maintenance, throughout the entire validity period of the authorization, of the conditions that formed the basis for authorization regarding the possession of a valid authorization certificate as an authorized electrician or authorized gas installer issued by the regulatory authority in the field, for the specific fields/subfields;

j) ensures the secretariat of the reception committee upon completion of works, prepares, on behalf of the developer/beneficiary/administrator, the completion reception documents and prepares the technical book of the building.

(2) The duties and obligations provided for in para. (1) are not limiting, the site manager being able to participate, as a representative of the developer/beneficiary, in all phases concerning the execution of constructions, within the limits of the duties established by law.

Article 457 - Technical Manager for Execution

(1) The Technical Manager for Execution is the specialist with authorized activity in construction, with duties regarding ensuring the quality of execution of construction works that he/she coordinates, from a technical point of view, throughout the entire execution process.

(2) The Technical Manager for Execution carries out his/her activity as an employee/contractor of the contractor in order to ensure the level of quality corresponding to the applicable fundamental requirements.

(3) The authorization and periodic confirmation regarding the exercise of the right to practice of the Technical Managers for Execution is carried out by I.S.C.

(4) Intervention works on existing constructions listed in the List of Historical Monuments shall be carried out only with Technical Managers for Execution additionally authorized in the field of protection of historical monuments, in accordance with the provisions of art. 393 para. (5).

Article 458 - Conditions regarding authorization and exercise of the right to practice of Technical Managers for Execution

(1) The right to practice of Technical Managers for Execution is granted for an indefinite period and is confirmed periodically, in accordance with the legislation.

(2) By order of the minister responsible for the field of territorial planning, urbanism and construction, mandatory conditions for authorization and periodic confirmation of the right to practice of Technical Managers for Execution shall be established, with the aim of determining the work capacity and health of the persons to be authorized or whose right to practice is to be confirmed.

Article 459 - Duties and obligations of the Technical Manager for Execution - RTE

(1) The Technical Manager for Execution has, mainly, the following duties and obligations:

a) to know the provisions of the project for building authorization and of the technical execution project, verified in accordance with art. 440;

b) verifies the existence of technical sheets and execution technical projects, of procedures for carrying out works corresponding to the specifications in the execution technical project;

c) verifies compliance with the construction execution schedules, other than those provided in the execution technical project;

d) participates directly in the continuous verification of execution works, including in the determining phases provided in the quality control plan for construction works;

e) makes available to the developer the execution documentation prepared, in order to constitute/complete, as appropriate, the technical book of the building;

f) stops the execution of construction works when it detects non-conformities that may affect their quality;

g) stops the execution of construction works in case of technical accidents and/or detects deviations from the provisions of the execution technical project, notifies within 24 hours I.S.C or, as appropriate, the control structures of the Ministry of National Defence, Ministry of Internal Affairs, National Administration of Penitentiaries, Romanian Intelligence Service, Foreign Intelligence Service, Special Telecommunications Service, Protection and Guard Service and National Administration of State Reserves and Special Issues and allows the resumption of works only after remedying them;

h) makes available to the authorities with control duties in construction, at their request, the documents prepared in the exercise of the obligations incumbent upon him/her;

i) prepares and keeps up to date the electronic register of activity records for the construction works that he/she coordinates technically and for which he/she is responsible;

j) participates in continuous professional development courses for construction specialists, in the fields/subfields for which he/she is authorized;

k) ensures the maintenance, throughout the entire validity period of the authorization, of the conditions that formed the basis for authorization regarding the possession of a valid authorization certificate as an authorized electrician or authorized gas installer issued by the regulatory authority in the field, for the specific fields/subfields;

l) concludes a professional civil liability insurance, valid for the duration of the exercise of the right to practice for the effective performance of the specific activities for which he/she was authorized, at a level that covers the minimum risks associated with the activity carried out.

(2) The duties and obligations provided for in para. (1) are not limiting, the Technical Manager for Execution being able to participate, as a representative of the contractor, in all phases concerning the execution of constructions, within the limits of the duties established by the applicable technical regulations in construction in force.

(3) I.S.C. may decide the concurrent authorization of persons both as site managers and as Technical Managers for Execution, as execution specialists, a person being able to be authorized as an execution specialist and being able to exercise either of the two regulated professions, depending on the contracts in which he/she is involved, with respect to the incompatibility regime.

Article 460 - Consultants

(1) Consultants are natural and legal persons with relevant competencies and experience in the field of construction, contracted by the developer of the investment objective, in all stages of the life cycle of the construction investment project, in accordance with the applicable legal provisions.

(2) Consultants, natural or legal persons, are of two categories:

a) consultants employed by the beneficiary or developer who advise the client and provide services related to stages (0) and (1) or site monitoring activity, occupational safety, material procurement, cost monitoring, legal consultant, financial consultant;

b) specialized consultants in various fields contributing to project implementation, such as fire safety consultant, technical consultant on building facades, environmental consultant, technical consultant on lifts and elevators, security consultant, IT consultant, but who do not directly sign the project and are employees or collaborators of the designer, except where contractual responsibilities have been assigned to them.

(3) Consultants are responsible to their clients in accordance with contractual provisions, but have no responsibilities related to quality assurance.

(4) For the purposes of this code, in the case of constructions financed from public funds, including those financed on the basis of external agreements or loans or similar arrangements where consultancy or technical assistance is mandatory on the investor or beneficiary, the specialized economic operator of consultancy, respectively the consultant or supervisor, becomes an involved factor in the construction quality system, for the stages provided in the consultancy or technical assistance contract, and the responsibilities for those stages shall be borne by them in accordance with the law, jointly and severally with designers and contractors.

(5) The specialized economic operator of consultancy, respectively the consultant or supervisor in the construction field for the cases provided in para. (4) is responsible for fulfilling the following main obligations regarding construction quality, obligations which are supplemented by the general and specific provisions of the contracts:

a) engagement of certified and/or authorized specialists, respectively site managers, project verifiers, technical experts, energy auditors in all consultancy fields for which they have concluded service contracts with investors/beneficiaries;

b) notification of the investor of non-conformities and discrepancies found in projects by the certified technical verifier of the project and during execution by the designated site manager;

c) ensuring the appropriate quality level according to requirements through its own certified quality system;

d) participation through certified specialists in the main execution phases;

e) preparation of daily reports to the investor or beneficiary during the execution period;

f) preparation of quarterly reports to the investor or beneficiary during the warranty period;

g) compliance with contractual deadlines for design and execution jointly and severally with designers and/or contractors;

h) reception of projects in accordance with the design basis and quality requirements.

Article 461 - Project Manager

(1) The project manager is a natural or legal person who plans, organizes and coordinates the activities necessary to implement the investment project in construction.

(2) The project manager ensures resource planning for each project stage, verifies and controls design and construction work from a contractual and procedural perspective, ensures training of subordinate personnel and compliance with execution, operation and maintenance technologies of equipment.

(3) The project manager is a person within the developer's structure or a third party contracted by the developer to perform the activities provided in para. (1).

(4) The duties and responsibilities of the project manager are:

a) economic and financial;

b) organizational;

c) administrative and communication;

d) executive.

(5) The project manager is responsible for the manner of fulfilling the duties and responsibilities allocated to him, in accordance with the contract concluded with the developer.

Article 462 - Other Specialists

(1) In the process of substantiation, design, execution and maintenance of a construction, various types of specialists may intervene who provide specialized services at the request of the beneficiary or developer or participate punctually with specialized studies in all stages of the life cycle of the investment project in construction.

(2) Specialists may intervene in fields, as follows:

a) depending on the purpose of the objective - technologist, museographer, scenographer;

b) depending on context - urban planner, architect, interior architect, archaeologist, historian, art historian, landscape architect, geographer, surveyor, geodesist, biologist, construction engineer specialized in geotechnics, land improvement engineers, energy engineers, oil and gas engineers, mining engineers, climatologist, ecologist, environmental specialist, waste management, circular economy etc.;

c) in matters of equipment, security, including fire safety, accessibility, costs;

d) in matters of energy consumption - energy auditor;

e) in support functions - lawyers and attorneys, procurement experts, occupational health and safety, communication, marketing, economists, drafters, attachers, cost estimators.

(3) Specialists carry out their activities on the basis of a contract concluded with the beneficiary, developer, designer or contractor and are responsible for the manner of fulfilling the contractual clauses.

Article 463 - Analysis and Testing Laboratories in Construction

Analysis and testing laboratories in construction are laboratories that perform analyses and tests regarding quality control during the execution of construction works or to determine the technical condition of constructions or existing construction elements, necessary within the activities of technical expertise of constructions and monitoring of their behavior over time. Laboratories also perform tests on construction products.

Article 464 - Bodies for Evaluation and Verification of Constancy of Performance of Construction Products

Authorization, accreditation and supervision of bodies for evaluation and verification of constancy of performance of construction products, as well as bodies for European technical assessment, regulated in accordance with normative acts adopted at the level of the European Union regarding the establishment of accreditation and market surveillance requirements for construction products in terms of product commercialization, shall be carried out in accordance with European regulations and national implementing provisions.

Article 465 - State Quality Control in Construction

(1) State quality control in construction is a component of the quality system in this field, through which the state exercises control activities, with the aim of preventing or limiting situations that may occur in construction and which may endanger or negatively affect life, health, the environment or may cause material losses to persons, entities or society, in part or as a whole.

(2) State quality control in construction applies to all constructions, including their related installations, regardless of the form of ownership, purpose, consequence class or source of financing, with the exception of those provided for in art. 466 para. (5) of this code.

Article 466 - Objectives of State Quality Control in Construction

(1) I.S.C. exercises state control in the field of construction, in accordance with art. 351 para. (1) lit. a).

(2) The objectives of state control are as follows:

a) fulfilment, by the specialized bodies of the central public administration, technical commissions or economic operators of their legal obligations;

b) compliance with legal provisions and technical regulations applicable in the production and supply of construction products, in the design, execution, operation and post-use of constructions;

c) compliance with the provisions of construction/demolition permits, opinions, agreements and other documents relating to constructions, issued by authorities or bodies of the central and local public administration, as well as by other bodies authorized by law;

d) improvement of the quality system in construction and the regulations related to its components.

(3) In the application of the provisions of para. (2) lit. a), state control aims to verify legal obligations relating to:

a) declaration, certification, under the conditions of the law, of the constancy of performance and conformity of construction products;

b) technical approval for products/procedures or equipment that are not subject to a technical specification;

c) certification of quality management systems in construction by a conformity assessment body accredited in accordance with the provisions of Regulation no. 765/2008 establishing accreditation requirements; this objective may also be fulfilled by a conformity assessment body, CAB, accredited in accordance with Regulation no. 765/2008 establishing accreditation requirements;

d) certification of energy performance and energy audit of buildings;

e) other obligations provided for by other normative acts.

(4) In the application of the provisions of para. (2) lit. b) state control aims to verify compliance with legal provisions relating to:

a) technical regulations in construction;

b) declaration, certification, under the conditions of the law, of the constancy of performance and conformity of construction products;

c) technical approval for products, procedures or equipment;

d) verification and technical expertise of projects;

e) verification of the quality of executed works, technical expertise of construction execution, as well as energy audit of buildings;

f) implementation of the quality management system in construction;

g) quality control of work execution for which, under the conditions of this code, construction/demolition permits are issued;

h) determination by the designer of the method of handling non-conformities identified in the design phase and defects that appeared in the execution phase, under the conditions of art. 514;

i) use of construction products for which the constancy of performance and conformity are declared and certified, under the conditions of the law;

j) reception upon completion of works, as well as final reception upon expiration of the warranty period;

k) monitoring of the behaviour in operation of constructions and interventions over time on them;

l) post-use of constructions.

(5) Constructions classified in consequence class 1, located in rural areas and in villages belonging to municipalities and cities, as well as temporary constructions and works that can be executed without a construction permit, in accordance with this code, are not subject to state quality control in construction, exercised by the State Construction Inspectorate, these falling under the control of the local public administration authorities.

Article 467 - General Inspectorate for Emergency Situations

The General Inspectorate for Emergency Situations, through the county/Bucharest-Ilfov emergency situation inspectorates, as a specialized authority in the field of protection of life, property and the environment against fires and disasters, as well as the implementation of civil protection measures and management of emergency situations, has the following attributions in the field of construction:

a) opinion and authorization regarding fire safety of constructions and in the field of civil protection, in accordance with the provisions of Law no. 307/2006 on fire protection, republished, with subsequent amendments and additions, and Law no. 481/2004 on civil protection, with subsequent amendments and additions;

b) control of compliance with the provisions of opinions regarding fire safety of constructions and in the field of civil protection, as well as fire protection and civil protection measures at investment objectives;

c) participation in the framework of reception commissions for constructions and their related installations established by Law no. 307/2006, republished, with subsequent amendments and additions;

d) control of compliance with the provisions of authorizations regarding fire safety of constructions and in the field of civil protection, as well as fire protection and civil protection measures in the operation of constructions and facilities;

e) market surveillance for construction products mentioned in art. 567 lit. b);

f) Seveso opinion;

g) control 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 that fall within the provisions of Law no. 59/2016 on the control of major accident hazards involving dangerous substances, with subsequent additions, in territorial planning and urban planning activities.

Article 468 - Local Police

The local police, as a functional department within the specialized apparatus of the mayor/general mayor or as a public institution of local interest, has the following duties in the field of construction:

a) carries out inspections to identify construction works executed without a building or demolition permit, as appropriate, including temporary constructions;

b) carries out inspections to identify construction works executed or demolished in breach of the provisions of the building/demolition permit and other procedures regulated by this law;

c) carries out inspections to identify persons who do not comply with the permit for executing repair works on the roadway and pedestrian areas;

d) participates in demolition/dismantling/blasting demolition actions of constructions executed without a permit on the public or private domain of the administrative/territorial subdivision or on spaces administered by local public administration authorities or other public institutions/services of local interest;

e) establishes contraventions regarding discipline in the field of compliance with the permit for executing construction works and forwards the minutes of contravention findings, for the purpose of applying the sanction, to the president of the county council, the mayor of the administrative-territorial unit or of the sector of Bucharest municipality in whose jurisdiction the contravention was committed or to the person authorized by them.

Article 469 - Other Institutions with Control Duties in the Field of Construction

The institutions within SNAOPSN exercise state control regarding 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 appropriate, order the suspension of works carried out improperly, for constructions, arrangements and installations related to military and special objectives within them, through their own control structures, whose organization and functioning method is established by orders of the leaders of the respective institutions.

Article 470 - Parties with Approval and Authorization Duties

(1) Parties with authorization duties, within the meaning of this code, are authorities with duties in the field of construction authorization. These parties are local public administration authorities, competent central public administration authorities in the field of transport, gas, energy, institutions within SNAOPSN.

(2) Parties with approval duties, within the meaning of this code, are authorities or entities competent from which the beneficiary/investor has the obligation to obtain the approval/agreement or authorization. These parties are:

a) technical and utility infrastructure operators;

b) the transport infrastructure administrator;

c) central public authorities in the fields of: transport, environmental protection, protection of public health, protection of cultural heritage, fire safety, civil protection;

d) institutions within SNAOPSN.

(3) The specific duties and responsibilities of parties with approval and authorization duties in the field of urbanism and construction authorization are defined in Book I.

Article 471 - Professional Associations and Organizations and Employers' Organizations in the Field of Urbanism, Architecture, Construction and Installations

(1) Professional associations and organizations and employers' organizations are legal entities constituted in accordance with the provisions established by special laws, as a result of the association of involved parties with the aim of promoting and protecting the economic, social and professional interests of their members.

(2) Professional associations and organizations ensure in the public interest the supervision of the quality of services offered by specialists, who are subject to a regulated framework of activity, through access conditions, voluntary certification of specialists, initial and continuous training, professional insurance, compliance with a code of ethics and disciplinary control of their members.

(3) Professional associations and organizations and employers' organizations are independent from public authorities, political parties and trade unions. Employers' organizations may be declared representative in accordance with Law no. 367/2022, as subsequently amended and supplemented.

(4) Representatives of professional associations in the field of urbanism, construction and architecture and representative employers' federations in the field of construction participate mandatorily in the social dialogue commissions operating at the level of the ministry responsible for territorial planning, urbanism and construction and in consultations regarding the updating of the technical regulation framework in the field.

(5) Representative professional associations and organizations in the field of construction and architecture are represented in the technical-professional certification body of economic operators executing construction works.

(6) Professional associations and organizations, provided for in art. 383 para. (7), declared in accordance with the law as organizations of public interest or public utility, support the competent ministry regarding technical regulation in the field, technical-professional certification and confirmation of the right to practice in the field of construction.

Article 472 - Insurance Companies

Insurance companies, legal entities authorized in accordance with Law no. 237/2015 on the authorization and supervision of insurance and reinsurance activities, as subsequently amended and supplemented, which carry out insurance activities in the field of construction, have no obligations regarding the assurance of functional or quality requirements of constructions, their obligations being limited to the provisions included in specific insurance contracts concluded with the involved parties.

Article 473 - The Financier

(1) The financier is the entity, natural or legal person, that provides the financial resources for the realization of the investment objective.

(2) The construction financier has no obligations regarding the functional or quality requirements of the construction, except where the financier status is held concurrently with the status of beneficiary, investor, developer, or any other involved party.

Article 474 - Investment Project in Construction

(1) The investment project in construction is the process that begins with identifying the need or opportunity for construction and ends with the handover of the construction for use.

(2) The investment project in construction aims to obtain a planned result materialized through the investment objective.

Article 475 - Total Value of the Investment Project in Construction

(1) The final total value of the investment project in construction is represented by the sum of expenses incurred in the initiation, planning, execution, and completion stages.

(2) The final total value of the investment project in construction is used as a comparison element with values resulting from similar constructions, in order to determine technical and economic indicators in the construction field.

(3) The estimated total value of the investment project in construction is formed from the forecasted execution value and the forecasted value of all associated costs identified according to the law until the handover of the construction.

(4) To the estimated total value provided in para. (3) is added the acceptable budget margin and the forecasted value for miscellaneous and unforeseen expenses. Miscellaneous and unforeseen expenses shall be reported in the initiation and planning stages at the maximum estimated value of the investment project, respectively the estimated total value of the investment project in construction cumulated with the applicable budget margin.

(5) In the case of investment projects in construction financed entirely or partially from public funds, the technical and economic indicators approved shall also include the maximum acceptable budget margin value and miscellaneous and unforeseen expenses.

(6) In the case of investment projects in construction financed entirely or partially from public funds, exceeding the estimated total value of the investment project in construction, including the maximum acceptable budget margin, is permitted only in exceptional situations, unknown initially, or in the case of exceptional events that were impossible to foresee at the initiation or during the execution of the project or works.

(7) In the case provided in para. (6) the exceeding shall be substantiated thoroughly.

Article 476 - Budget Margin

(1) Budget margin in the case of works in the private sector represents the percentage of correction plus or minus of the values resulting from estimates.

(2) Budget margin in the case of works in the private sector is proposed by the beneficiary in the initiation stage of the project and represents the percentage of the estimated total value of the investment project in construction accepted to cover the differences between the values estimated at various stages of the investment project in construction.

(3) When proposing the budget margin in the case of works in the private sector, updates with the inflation index, market fluctuation indices, or legal changes in the fiscal field are not taken into account, which will lead to updates of execution costs according to contractual conditions.

(4) Budget margins in the case of works in the private sector are updated at each stage of the life of the investment project in construction, as the degree of detail of the project advances, according to annex no. 7, including until the handover of the construction.

(5) In the case of works in the private sector, the indicative budget margin for each stage of the investment project in construction is presented in annex no. 7.

(6) Budget margins in the case of works in the private sector are not cumulated for each stage/phase, but are adapted in relation to the degree of detail of the project specific to each stage.

(7) Budget margin in the case of public works represents the percentage of correction plus of the values resulting from estimates.

(8) Budget margin in the case of public works is proposed by the beneficiary in the initiation stage of the project and represents the percentage of the estimated total value of the investment project in construction accepted to cover the differences between the values estimated in the feasibility study stage and those estimated in the final stage of completion of the technical project and detailed execution documentation. Its indicative value, to be proposed in the feasibility study phase, is presented in annex no. 8.

(9) When proposing the budget margin in the case of public works, updates with the inflation index, market fluctuation indices, or legal changes in the fiscal field are not taken into account, which will lead to updates of execution costs according to contractual conditions.

(10) In the case of public works, the budget margin shall be proposed only once, in the feasibility study phase, resulting in the estimated total value of the investment project which shall be approved within the technical and economic councils.

(11) The designer has the obligation to transmit to the beneficiary of the work the cost estimates related to subsequent design stages. Estimates related to design stages are not subject to revision of technical and economic indicators, having the sole purpose of informing the beneficiary about the evolution of the investment project costs, as it is detailed.

(12) Technical and economic indicators are revised in the final stage of completion of the technical project and execution details.

(13) The estimated total value of the investment project thus determined cannot be increased except in the cases established by art. 475 para. (6).

Article 477 - Miscellaneous and Unforeseen Expenses

Miscellaneous and unforeseen expenses represent the value of expenses resulting from changes in technical solutions that involve additional quantities of works, equipment, or facilities that are necessary during the execution of the construction, as well as preservation expenses during the interruption of execution due to causes beyond the beneficiary's control. These are distinct from the budget margin provided by art. 476.

Article 478 - General Provisions Regarding the Life Cycle of the Investment Project in Construction

(1) An investment project in construction is characterized by a determined purpose, through which it aims to achieve planned results, within a determined period, within a budget and pre-established quality level, and by a management system applicable throughout the entire project implementation process.

(2) An investment project in construction consists of two components:

a) the life cycle of the investment project in construction - consisting of project stages;

b) the management system of the investment project in construction.

(3) The stages of the life cycle of the investment project in construction are:

a) initiating the investment project in construction - identifying the need, the opportunity, defining the design brief and establishing feasibility;

b) project planning - design activity;

c) project implementation - construction execution;

d) closing the investment project in construction and handing over the construction;

e) operation and use of the construction.

(4) The management system of the investment project in construction involves:

a) monitoring, i.e. tracking during project implementation the manner in which all conditions are ensured, so that at the end of each stage the established content, quality, cost and time parameters are met;

b) control, at the end of each stage and at the dates specified in the project scheduling chart, of the documentation to verify whether the established content, quality, cost and time parameters have been met.

(5) Depending on the specifics of the investment project in construction, the stages provided in para. (3) may partially overlap.

(6) For investment projects of reduced scope and complexity, classified in lower consequence classes, the 5 stages provided in para. (3) may be combined.

(7) For investment projects with a high degree of complexity, classified in higher consequence classes, as defined in Article 370, relevant sub-stages from a technical perspective may be developed.

(8) If it is found, following the evaluation carried out at the end of the life cycle of the investment project in construction or at any time during the actual existence of the construction, that it no longer meets qualitative or functional requirements or no longer satisfies operational requirements, it may be completely demolished, a stage that coincides with the end of the investment project in construction, or integrated into a new investment project in construction, in which case the stages of the life cycle of the investment project in construction provided by this code are resumed.

Article 479 - Stages of the life cycle of the investment project in construction

(1) In the initiation stage, two stages of the investment project in construction are provided:

a) stage 0 - strategic definition;

b) stage 1 - defining the design brief and determining feasibility.

(2) In the planning stage, three stages of the investment project in construction are provided:

a) stage 2 - defining the project concept;

b) stage 3 - defining the basic project solutions and authorization;

c) stage 4 - technical development of the project.

(3) The construction implementation stage comprises stage 5 - construction execution.

(4) The closing stage of the investment project in construction comprises stage 6 - handing over and commissioning the construction.

(5) The operation stage of the investment project in construction comprises stage 7 - operation/use of the construction.

Article 480 - General provisions regarding stage 0 - strategic definition

Within stage 0, the beneficiary identifies the need for investment, evaluates the opportunity for its implementation, the requirements and feasibility conditions and, at a preliminary level, identifies the elements of the strategic brief, presenting the main functional, social requirements and applicable constraints.

Article 481 - Identifying the need and opportunity of the investment project in construction

Initiating an investment project in construction may be determined by:

a) the need to solve a problem of a social, economic, environmental or cultural, technical nature or to improve the performance of a construction; and/or

b) the financial opportunity or that determined by the increase in social, educational, cultural, health, recreational, economic, communication and information needs.

Article 482 - Initial documentation

(1) Initial documentation is the process of collecting information regarding similar projects carried out previously.

(2) Within the initial documentation process, a documentary study is carried out, which will include the analysis of as many projects as possible with a high degree of similarity.

(3) In order to obtain high contextual relevance, the investment examples analyzed will be chosen concentrically from the closest to the most distant, from a spatial and temporal perspective.

(4) For each example, the characteristics are highlighted and their alignment with sustainable development objectives is analyzed. Where possible, metric values and relevant indicators are provided.

Article 483 - Investment Justification Note - documentation for stage 0

(1) The Investment Justification Note establishes the need for construction and presents the investment intention.

(2) Through the justification note, alignment of the investment objective requirements with development objectives is ensured.

(3) For investment objectives financed partially or entirely from public funds, the investment intention and investment objective requirements are aligned with strategic, sustainability, social, economic, environmental and cultural objectives.

(4) Alignment of investment requirements with sustainable development objectives is mandatory.

(5) The justification note is prepared based on the urban planning certificate for information.

Article 484 - Framework content of the justification note

The framework content of the justification note consists of:

a) description of the investment objective;

b) description of the necessity and/or opportunity for project implementation;

c) presentation of the existing situation, expected benefits and anticipated impact following project implementation, as well as in the event the project is not implemented;

d) presentation, as appropriate, of similar investment projects identified;

e) notes on integration, where applicable, of the investment objective within strategic plans or master plans, territorial planning or urban planning documentation;

f) notes on international agreements in which the investment objective is framed, where applicable;

g) general and specific objectives anticipated to be achieved through the implementation of the investment project;

h) sources identified for financing the investment project;

i) anticipated deadline for completion of the investment project in construction;

j) presentation of possible proposed locations for project implementation, including information on the legal, economic and technical regime of the land and/or existing building;

k) obligation to prepare cadastral documentation, where applicable.

Article 485 - Strategic Theme - documentation for stage 0

(1) The Strategic Theme is the document through which:

a) the main strategies targeted for project implementation of the investment objective are presented, namely sustainability, safety, risk prevention, content change management, forms of procurement contract award, authorization, handover, commissioning, management processes and communication methods, roles and responsibilities;

b) the need for project implementation taken from the justification note is defined, as correlated with the conclusions of initial documentation, and the alternative of building a new building or intervening on an existing building;

c) the requirements of the investment project in construction that have the potential to meet the identified need are identified;

d) the information provided in the justification note is detailed;

e) the set of functional requirements is formulated while maintaining proportionality of the response to the need, previous solutions are indicated, as well as possible solutions for reuse of existing buildings or recycling/reuse of their component parts, where applicable.

(2) The provisions of this article do not apply to projects concerning transport infrastructure of national interest.

Article 486 - Framework content of the strategic theme

(1) The framework content of the strategic theme consists of:

a) destination and functions;

b) functional requirements and specific technical requirements;

c) characteristics, parameters and specific technical data, anticipated;

d) quality objectives pursued, namely level of equipment, finishing and furnishing;

e) sustainability objectives;

f) preliminary identification of possible scenarios for achieving the objectives;

g) estimated number of users;

h) estimation of the projected lifespan of the building, assessed appropriately to the proposed destination/functions;

i) framing of the investment objective within urban planning, environmental protection and heritage protection regulations;

j) forms of procurement contract award;

k) identification of the specialties required to achieve the investment objective;

l) identification of key roles and their associated responsibilities;

m) identification of main management processes and communication methods;

n) identification of preliminary specialist studies required at the project initiation stage;

o) sustainability strategy in accordance with art. 415.

(2) Depending on the specifics of the construction investment project, preliminary studies whose need for elaboration is identified through the strategic theme may include:

a) site studies, geotechnical, hydrological and topographic studies, hazard studies regarding natural actions, traffic and circulation studies; road safety impact assessment; environmental impact studies; PUD/PUZ type documentation and other studies necessary depending on the investment objective;

b) object studies: technical expertise, diagnostic analyses, energy audit, historical studies and study to substantiate the value of the cultural resource, in the case of interventions on existing buildings and other studies necessary depending on the investment objective;

c) economic-financial studies: goods and services analysis, revenue-expenditure analysis, profitability or other relevant studies necessary to achieve the investment objective.

Article 487 - Business Plan

(1) In the case of investment objectives financed entirely from private funds, the content of the substantiation note and the strategic theme are included in the business plan.

(2) The elaboration of the business plan under the conditions of para. (1) is optional.

Article 488 - Estimation of Project Implementation Duration

The estimation of the project implementation duration is carried out depending on the scope and complexity of the project, as well as the existence of a deadline for completion of the works.

Article 489 - General provisions regarding stage 1 - definition of the design theme and determination of feasibility

Within stage 1, the design theme is elaborated by developing and detailing the strategic theme and the feasibility of the construction investment project is determined.

Article 490 - Design Theme - Documentation for Stage 1

(1) The design theme is the synthesis document that presents the main functional processes underlying the achievement of the investment objective, including the identification of proposals for the actual location of the investment object.

(2) The design theme is substantiated on the basis of preliminary documentary analysis of architectural and engineering references.

(3) The design theme identifies all mandatory building conditions, for which purpose, with respect to each location identified within the design theme, a building permit certificate or engineering works certificate is obtained, as appropriate.

(4) For the purpose of elaborating the design theme, the first preliminary site studies are carried out, such as: geotechnical, hydrological and hydrogeological study and topographic study.

(5) Depending on the complexity and scope of the investment objective and development needs, the studies provided for in para. (4) may be supplemented and deepened appropriately with detailed studies or with a high degree of detail.

(6) The design theme identifies the specialist studies necessary for the design.

(7) In the case of interventions on existing buildings, the architectural survey of the building is carried out and, if applicable, the survey of the load-bearing structure, installations and equipment. The survey is carried out at an appropriate scale and includes plans, sections and elevations.

Article 491 - Framework Content of the Design Theme

(1) The framework content of the design theme consists of:

a) identification data of the objective;

b) data regarding the developer and beneficiary;

c) general and specific objectives of the construction investment project;

d) description of the proposed location or locations or of the existing building(s), including: topographic and geological elements, information about existing buildings on the site, equipment and utility networks, existing plantations on the site, easements and applicable urban regulations;

e) presentation of the existing situation: information regarding the proposed location, legal, technical and economic regime, land particularities, accessibility, level of technical-utility equipment, existing utility networks, urban and/or environmental constraints, description of existing buildings on the site;

f) presentation of the proposed situation, namely the establishment of criteria whose fulfilment is necessary to achieve the project objective;

g) preliminary specialist studies identified within the strategic theme, which generate data used for the elaboration of the design theme.

(2) The presentation of the proposed situation also contains the criteria for achieving the project objective, which include:

a) destination and functions;

b) dimensions, overall dimensions, general areas and specific areas by type of main functions, technological flows;

c) the manner of correlating technical solutions with building conditions, environmental and heritage protection;

d) quality objectives transposed regarding finishing, equipment and furnishing;

e) updating of the target budget, if applicable, and identification of main cost elements;

f) establishment of acceptable budget margins by reference to the total estimated value of the investment objective.

(3) The preliminary specialist studies provided for in section (1) letter g) include:

a) preliminary site studies: geotechnical, hydrological and hydrogeological study and topographic survey. Depending on the complexity and scope of the investment objective and development needs, preliminary studies may be supplemented and further developed appropriately, with detailed studies or with a high degree of detail;

b) architectural survey of the building and, where applicable, survey of the load-bearing structure, installations and equipment, in the case of interventions on existing buildings.

Article 492 - Feasibility Study - documentation for stage 1

(1) The feasibility study represents the development of the design brief consisting of identifying the optimal location of the investment, the optimal scenario that meets the need to solve the problem identified in the initiation phase and justifying the economic and financial opportunity of carrying out the investment, taking into account the costs of similar investment projects.

(2) For investment objectives financed entirely or partially from public funds, the preparation of a feasibility study is mandatory.

(3) The preparation of a feasibility study is not mandatory for interventions carried out in emergency mode, current repair and maintenance works and other works subject to the simplified notification procedure or works carried out without any formality.

(4) In the situation where, following the feasibility study, it results that the investment objective is not viable, as appropriate, the elements of the design brief are redefined or the implementation of the investment objective is abandoned.

Article 493 - Feasibility Study for road transport infrastructure projects

(1) The feasibility study for road transport infrastructure projects must include the method of ensuring access to county capitals or to neighbouring urban localities or to existing communication routes that ensure connection with county capitals and neighbouring urban localities thereof, in compliance with urban planning regulations and applicable technical standards.

(2) The feasibility study for road transport infrastructure projects must include proposals for:

a) measures for the protection of historical monuments and archaeological heritage, diagnostic and, where appropriate, preventive archaeological research;

b) measures to reduce the negative effects of habitat fragmentation, preventive research on the impact on species and natural habitats and maintenance of ecological corridors through ecoducts or other systems.

Article 494 - Analyses related to the feasibility study

(1) In order to determine the feasibility of an investment project in construction, for each proposed scenario at least the following categories of basic analyses are carried out:

a) analysis of elements from the design brief, namely the proposal/proposals for locations, provision of utilities and other elements within the design brief;

b) specialist studies;

c) estimation of the forecast cost for construction works.

(2) Specialist studies include:

a) financial and economic analysis;

b) sustainability analysis;

c) analysis of demand for goods and services;

d) risk analysis;

e) other analyses, as appropriate.

(3) The estimation of the forecast cost for construction/demolition/external arrangement/public utilities works is carried out by reference to the reference index generated in accordance with art. 418, to which a budget margin is added.

(4) The estimation of the forecast cost for design services is made as a percentage by reference to the construction costs resulting in accordance with section (3).

Article 495 - Framework content of the feasibility study

(1) The framework content of the feasibility study consists of the following sections:

a) description of the existing situation, the need to carry out the investment objective and presentation of the proposed objectives;

b) presentation of the proposed scenarios according to the number established by the design brief;

c) selection and detailed presentation of the optimal scenario;

d) strategies and recommendations regarding the implementation of the objective;

e) graphic representations;

f) conclusions.

(2) For each analysed scenario the following are included:

a) the particularities of the location;

b) the technical, constructive, functional, technological characteristics and quality level in accordance with the design brief;

c) the estimated costs;

d) the result of the specialist studies carried out.

(3) For the recommended optimal scenario the following elements are presented:

a) justification for scenario selection;

b) functional proposals at the principle level for achieving the investment objective;

c) main technical and economic indicators related to the investment objective;

d) supporting documents, such as the urbanism certificate for construction or the one for engineering works.

(4) The functional proposals included in the optimal scenario represent the development of the design brief for the investment objective in construction, which shall be detailed in the following stages in accordance with the approved technical and economic indicators.

(5) The framework content of the feasibility study is adapted according to the specifics and complexity of the investment objective.

Article 496 - Technical and economic indicators related to the optimal scenario presented in the feasibility study

(1) The optimal scenario recommended in the feasibility study includes the following technical and economic indicators related to the scenario:

a) total estimated value of the investment objective;

b) minimum performance and quality indicators that the investment objective must achieve;

c) financial, socioeconomic, impact, result or operational indicators;

d) estimated duration of execution of the investment objective.

(2) For the total estimated value of the investment objective, the acceptable budget margin is indicated by reference to the total final value of the investment objective.

(3) In order to determine the total value of the investment objective, investment costs are estimated separately in accordance with the rules provided in art. 554.

(4) In the case of interventions on existing buildings limited to securing or consolidation or replacement measures, the estimated investment costs also include related costs, based on cost indices:

a) demolition and reconstruction works;

b) repair works for finishes and installations affected as a result of the intervention.

(5) For the indicators provided in para. (1) lit. c) the admissible values and the ranges in which they can be included are indicated, depending on the specifics of the investment objective and in accordance with the technical norms and regulations in force.

(6) The feasibility study is approved in accordance with the competencies established by Law no. 500/2002, as subsequently amended and supplemented, and Law no. 273/2006 on local public finances, as subsequently amended and supplemented.

(7) In the event that after approval of the technical and economic indicators changes occur that determine an increase in the maximum values and/or a decrease in the minimum values of the approved technical and economic indicators or exceeding the budget margins provided in para. (3), the corresponding redrafting of the approved documentation and the resumption of the approval procedure for the new indicators are necessary, except for the situations of updating them provided in Law no. 500/2002, as subsequently amended and supplemented.

Article 497 - Budget estimation related to the investment project in construction

(1) Budget estimation is carried out through the target budget estimation scheme by the procedure defined in art. 502, which identifies the main activities necessary to achieve the investment objective and the related costs, including the acceptable budget margin and the percentage of miscellaneous and unforeseen expenses, by reference to the value of the entire investment project in construction, as well as the forms of contract award to be used.

(2) Miscellaneous and unforeseen expenses shall be reported to the maximum estimated value of the investment project in construction, namely the total estimated value of the investment project in construction cumulated with the applicable budget margin.

(3) In the process of estimating the budget for the entire investment project in construction, the associated costs for the main activities are taken into account:

a) land acquisition - purchase, concession, expropriation or other methods;

b) land development - site preparation, including demolitions/clearing/vertical systematization/accesses/retaining walls, drainage, dewatering/relocations and other operations, as applicable;

c) environmental protection measures, including tree planting and green space development;

d) provision of utilities;

e) design at all stages, including site studies and specialist studies on the object/technical assistance from the designer and site supervision;

f) construction - structural elements for all proposed investment objectives, including assembly;

g) technical equipment, including assembly;

h) furnishing and art objects;

i) investment-related costs, including authorization and approval fees or financial costs.

(4) The beneficiary or the team of specialists contracted by the beneficiary for this purpose, if applicable, ensures the comparison of costs per activity and compliance with the total estimated budget, as well as the estimated execution duration for each proposed scenario, depending on the specific conditions of each site considered, by reference to the target budget and the duration provided in stage 0.

Article 498 - General provisions regarding stage 2 - concept development of the project

(1) In stage 2, the designer develops the design brief approved by the beneficiary or developer and proposes the volumetric solution and plan configuration of the project, by promoting a certain architectural vision, as applicable, taking into account:

a) site constraints;

b) analyses regarding the urban, technical and legislative context developed in previous stages;

c) geotechnical and topographic site studies;

d) level of existing equipment, accesses and potential easements.

(2) In the case of interventions on existing buildings, in applying the provisions of para. (1), the designer takes into account: diagnostic analysis, historical studies, studies of artistic components, preliminary technical expertise and other necessary studies, as appropriate.

(3) Within stage 2, the following are established: the principle solution for all building components integrating into the project concept the urban planning and environmental constraints, accesses and, on the other hand, the technical requirements derived from specialist projects, at structural and equipment level or safety and health of the building, as these are developed in accordance with the design phase.

(4) The designer ensures the feasibility of the proposals from a technical point of view, including through specialist consultation.

(5) Within stage 2, the following are established:

a) from a structural point of view: the feasible and recommended typologies, especially issues related to the foundation system possible or imposed by the foundation ground conditions;

b) from the equipment point of view: the types of installations and conditions for each type of installation, including options for sustainable energy sources, the relationship with utility networks, or advanced solutions in case of their absence, in compliance with legal provisions on environmental protection;

c) the energy concept, its purpose being to identify the relationships between the constructive elements that make up the building envelope and the proposal of alternatives for the installation systems responsible for maintaining the indoor microclimate.

(6) In the case of investment projects in buildings financed entirely or partially from public funds, the project concept may be the result of a solutions competition organized in accordance with the legal provisions on public procurement.

Article 499 - Project Concept - documentation related to stage 2

(1) The project concept comprises the overall configuration of the building or intervention on the existing building. In the case of buildings or arrangements, the concept defines aspects of spatial configuration and volumetric integration in context and those concerning constructive feasibility, sustainability objectives, environmental impact and energy efficiency.

(2) The project concept defines the specific requirements and overall conception, as basic elements that can lead to a decision by the beneficiary/developer to continue the implementation of the investment objective.

(3) In order to develop the project concept, the ground conditions are evaluated, together with the conclusions of the technical expertise, in the case of existing buildings, the energy audit, as well as studies relevant to the investment objective and location, where applicable, such as the urban impact study, the historical study, the traffic study.

(4) The project concept is materialized in a document prepared by the design team that integrates specialist solutions and defines performance indicators, dimensions, volumetry.

(5) The project concept is verified in a BIM system from the point of view of operating parameters, in case the information technology strategy approved in the previous stage opted for the collaborative BIM methodology.

(6) The constructive and installation solutions proposed through the project concept are validated by the specialists involved in the project.

(7) The project concept is mandatorily received by the beneficiary/developer.

Article 500 - Framework content of the project concept

(1) The framework content of the project concept consists of written documents and drawings.

(2) Written components include:

a) the architecture memorandum presenting the insertion on the site and the relationship with the surroundings, the descriptive presentation of the proposal - functions, circulation and accesses;

b) identification of preliminary dimensional elements - built areas, developed areas/level; preliminary surfaces by functions and other dimensioning elements;

c) specialist memoranda indicating at a preliminary level the technical solutions - structural and equipment - proposed for implementation, including installation schemes, structural concept. The structural concept shall also consider the protection of the surroundings, if applicable;

d) the proposal related to the execution schedule;

e) the estimation of preliminary investment cost and comparison with the budget provided in the previous stages.

(3) The drawings include:

a) area location plan, with accuracy corresponding to scale 1/2000;

b) situation plan, with accuracy corresponding to scale 1/500; 1/1000; 1/250 showing the location in the locality, the relationship with property boundaries and public access roads, setbacks and distances from property boundaries and surroundings, pedestrian and vehicle accesses, green spaces, parking;

c) plans for all levels, furnished and equipped at principle level, dimensioned, general dimensions and surfaces per room, indication of doors and windows, positioning and general dimensioning of structural elements with accuracy corresponding to scale 1/200 or 1/100 or any scale appropriate to the project;

d) longitudinal section and transverse section for identifying the total heights of the building, level heights, free heights and correlation with specific functions, relationship with the ground and adjacent buildings, with accuracy corresponding to scale 1/200;

e) facades, proposing an architectural solution, the solid-void relationship, proposal of finishes and colours, with accuracy corresponding to scale 1/200 or 1/100;

f) overall volumetries at mass level, as well as 3D images, exterior and interior;

g) constructive and installation solutions of principle, presented schematically.

Article 501 - Specialist studies related to stage 2

(1) Within stage 2, the following specialist studies appropriate to the stage are developed, if they were not developed in the previous stage and if they are necessary depending on the type of investment project in buildings, as appropriate:

a) environmental impact study;

b) circulation or traffic study;

c) road safety audit;

d) geotechnical and topographic study;

e) other studies depending on the investment objective.

(2) In the case of interventions on existing buildings, diagnostic studies and specialist studies are developed - technical expertise and energy audit and, if applicable, historical studies and other studies depending on the investment objective.

(3) The diagnostic study serves to inform the beneficiary/developer about the condition of the building and the feasibility of the intervention by creating an inventory of existing rooms and areas and conducting a functional, urban planning, architectural and technical analysis of the existing building, including from the perspective of meeting quality requirements and compatibility with the intended use.

(4) During stage 2, additional specialist studies are identified, which will be developed in subsequent stages, if necessary.

Article 502 - Budget estimation at stage 2

(1) The estimated cost of construction works is determined at this stage by reference to the costs provided in the designer's databases, combined with execution times. The estimated costs are compared with the budget provided in the previous stage.

(2) If interventions on existing buildings are limited to securing or only to consolidation or replacement measures, cost estimation shall be carried out by including the costs of dismantling and reconstruction work, repair of damaged or displaced finishes and installations, as well as waste management resulting from the intervention operation.

(3) Cost estimation at this stage is done using a general budget system, without breakdown by work categories, based on global indices.

Article 503 - General provisions regarding stage 3

(1) Stage 3 begins with the beneficiary/developer's approval of the final design brief, following receipt of the project concept, on the basis of which the designer develops the design brief by specialties.

(2) The project for construction authorization - PAC is developed based on the technical elements developed within the project concept.

(3) PAC is implemented with the integration of specialty solutions, and the collaborative BIM methodology may be used by designers, contractors and beneficiaries.

(4) The project for construction authorization - PAC is the documentation developed at stage 3.

(5) Through the integrated interdisciplinary process and through interaction with the approving entities, PAC is developed by developing the project concept.

(6) PAC is the documentation that integrates the solutions established in the previous stage of the project into a final configuration from the perspective of construction authorization.

(7) PAC will be technically developed in the next stage, without modifying the basic technical elements defined at stage 3.

(8) The project for construction authorization - PAC is developed in accordance with the framework content provided in annex no. 2.

(9) Validation of the project for construction authorization's compliance with applicable legal provisions and quality requirements is carried out by designers and, where applicable, through verification of the project for construction authorization by certified technical verifiers, under the conditions of the law.

Article 504 - Budget estimation at stage 3

(1) The final estimation of the anticipated cost of construction works is carried out at this stage, by reference to the costs provided in the designer's databases, by cost centre and combined with execution times. The estimated costs are compared with the budget provided in the previous stages.

(2) The budget margin is proposed by the designer and in the case of investment projects in construction financed entirely or partially from public funds must fall within the margins proposed by this code, according to annex no. 8, compared to the final costs, recorded at commissioning.

(3) If interventions on existing buildings are limited to securing or only to consolidation or replacement measures, cost estimation shall be carried out by including the costs of dismantling and reconstruction work, repair of damaged or displaced finishes and installations, as well as waste management resulting from the intervention operation.

(4) Cost estimation for the purpose of establishing the authorization fee, as well as other legally established commissions, fees and taxes is done using a general budget system, without breakdown by work categories, based on global indices.

Article 505 - Budget estimation related to the investment project in construction

(1) At stage 4, the project for construction authorization is finalized for the execution of the construction, through complete coordination of all specialties involved, ensuring that all elements designed and approved/authorized in the previous stage are respected in the detail projects.

(2) The purpose of the stage is to finalize and present all information necessary for the realization of constructions, namely the drawn and written documents, technical specifications necessary for the realization of constructions and related installations, lists of quantities required by specialties.

(3) During stage 4, the technical execution project and execution details are developed.

Article 506 - Integrated design of the technical execution project

(1) The technical execution project is developed at the level necessary for the execution of construction works in good conditions, a level that provides the basis for bidding and evaluation of the investment objective's value.

(2) The technical execution project ensures the continuation of coordination and correlation of specialty projects.

(3) Integrated technical design results in the technical execution project, including the details necessary for bidding technical solutions, composition, assembly, execution, installation and other similar operations concerning construction or installation parts/elements related to them, in order to begin the execution of construction works.

(4) Depending on the scope and specifics of the project, the stage can be carried out in a single phase or in two phases. The first phase consists of developing resolution proposals at a sufficiently detailed level to allow contractor contracting and is developed in the second phase to the level of detail of a technical execution project.

(5) The technical execution project is coordinated with the interior design project, if the latter has been completed.

Article 507 - Technical execution project - documentation related to stage 4 - phase 1

(1) The technical execution project is the documentation that includes the technical and economic solutions for achieving the investment objective, on the basis of which the authorized works are executed.

(2) The technical execution design shall be prepared in compliance with legal requirements, the construction/demolition permit and applicable urban planning regulations.

Article 508 - Framework content of the technical execution design

(1) The technical execution design consists of written and drawn documents.

(2) Written components include:

a) architectural report presenting the site insertion and relationship with surroundings;

b) descriptive presentation of the proposal - functions, circulation and access, flows;

c) surface report per rooms and functions - built/developed/level/usable areas; detailed surfaces per room;

d) specialist reports indicating the technical solutions - structural and equipment - proposed for implementation;

e) calculation notes;

f) proposal regarding the execution schedule;

g) specifications;

h) calculation summary;

i) monitoring and surveillance programme for the construction period and for the first 10 years of the operation period;

j) general estimated budget of the investment, based on the list of quantities per investment objectives and per work categories, and comparison/alignment with the financial envelope provided in previous investment stages;

k) general estimated budget;

l) update of the estimation of maintenance, upkeep and operation costs for the building operation period, if applicable;

m) the behaviour monitoring design over time, which includes the type of measurements, necessary equipment and frequency of determinations, prepared by the contractor of the monitoring works, based on the monitoring and surveillance programmes issued by the designer.

(3) The drawings include:

a) site plan, with accuracy corresponding to scale 1/250, 1/500, 1/1000, showing the location in the locality, relationship with property boundaries and public access roads, setbacks and distances from property boundaries and surroundings, pedestrian and vehicle access, parking, green spaces and others;

b) dimensioned plans for all levels, general dimensions, solid/void dimensions and surfaces per rooms, door and window positioning, parapet dimensions, positioning and dimensioning of structural elements, openings - with accuracy corresponding to scale 1/100 or any scale appropriate to the project;

c) furnished and equipped plans;

d) plans indicating fire safety measures and provisions;

e) sections for identifying total building heights, facade element heights, level heights, clear heights, opening heights, structural element dimensions, relationship with terrain and adjacent buildings, with accuracy corresponding to scale 1/100;

f) facades presenting the architectural solution, solid-void relationship, indication of finishes and colours, with accuracy corresponding to scale 1/100;

g) layout plan;

h) significant details, with accuracy corresponding to scale 1/50 or more detailed;

i) 3D images, exterior and interior.

(4) For the load-bearing structure, the following drawn documents shall be prepared:

a) excavation plan;

b) plans and schemes for excavation support;

c) foundation plan and characteristic foundation details;

d) plans and sections showing how adjacent buildings located in the influence zone of the building being constructed are protected;

e) formwork or assembly plans for all distinct levels of the building which shall show the geometry of structural elements and the materials they are made of;

f) characteristic general or local sections;

g) description of constructive solutions, description of the technological order of construction and assembly, recommendations regarding transport, handling, storage and assembly, when the designer considers it necessary;

h) typical details of reinforcement principle, joints or assembly in the event that the designer considers them relevant for the conduct of the construction tender and if required in the contractual documents.

(5) For installations, the following drawn documents shall be prepared:

a) equipment plans with accuracy appropriate to scale 1/100;

b) external network plans within the perimeter with accuracy appropriate to scale 1/100;

c) column schemes;

d) functional schemes.

Article 509 - Framework content of execution details - documentation related to stage 4 - phase 2

(1) The framework content of execution details consists of written documents and drawings.

(2) Written components include:

a) technical specifications;

b) material extracts;

c) technical data sheets;

d) updated execution schedule following the involvement of the construction contractor;

e) final cost estimate for works based on quantity lists per investment objectives and work categories, with the obligation to stay within the value agreed in the previous phase, if applicable;

f) revised general budget, if applicable.

(3) The drawings for the architectural project include:

a) detailed plans for levels requiring detailing, dimensioned, at execution project detail level, with accuracy corresponding to scale 1/100 or 1/50 or any appropriate scale for the project, where applicable;

b) section details in areas requiring detailing, with identification of all necessary dimensional elements and fitting within the total heights of the building, level heights, relationship with the terrain and adjacent buildings, with accuracy corresponding to scale 1/100 or 1/50;

c) facades, with all architectural and technical solutions, indication of finishes and colours, with accuracy corresponding to scale 1/100 or 1/50;

d) bay details, with accuracy corresponding to scale 1/20;

e) access stair details, with accuracy corresponding to scale 1/20;

f) any type of details necessary for execution with accuracy corresponding to scale 1/20, 1/10, 1/5, 1/2;

g) opening plans;

h) ceiling plans;

i) finishes schedule;

j) joinery schedule;

k) coordination sections.

(4) For the load-bearing structure, the following drawn documents shall be prepared:

a) plans, sections and reinforcement, connection or assembly details for all main structural elements or secondary structural elements;

b) plans and details regarding anchoring of non-structural elements or addressing the interaction between structural and non-structural elements;

c) plans and details regarding improvement of the foundation ground, if applicable;

d) plans for consolidation and stabilization of earth masses, banks and coastal elements, if applicable;

e) plans describing the dewatering system, if applicable;

f) plans with monitoring networks for behaviour over time and location of marks and reference points, if applicable;

g) manufacturing and assembly details, plans and details regarding the technological execution sequence, if applicable;

h) plans, technological equipment assembly details;

i) plans for assembly of measurement and control equipment in the building body, if applicable.

(5) For installations, the following drawn documents shall be prepared:

a) coordination plans with accuracy corresponding to scale 1/100 or 1/50;

b) duct details with accuracy corresponding to scale 1/10 or 1/20;

c) system detailing schemes, where applicable;

d) plans/details for system and equipment placement that interact with the structural system of the building and/or with finishing elements.

(6) If equipment has been purchased, the following drawings are also prepared; otherwise, these will be produced during the design activity within stage 5:

a) technical space equipment plans with accuracy corresponding to scale 1/50 or 1/20;

b) equipment placement details.

Article 510 - Objections by the construction contractor

(1) The construction contractor has the right to propose detail modifications to the technical execution project, without modifying the total cost of the investment objective or the quality level established or the architectural solutions approved within the concept.

(2) Modifications proposed by the construction contractor are made only with the prior agreement of the designer and the beneficiary/developer.

(3) If the modifications approved according to para. (2) result in changes to the conditions imposed by the building permit, the beneficiary requests the issuance, under the conditions of art. 293, of a modification permit.

Article 511 - Verification of the technical execution project

Validation of the technical execution design's compliance with applicable legal provisions and fundamental quality requirements is carried out by verifying the technical execution design in accordance with the provisions of art. 440.

Article 512 - Final estimated budget and cost estimate by work categories

(1) The final estimated budget is the budget resulting from establishing the forecasted cost of construction works based on the calculation of quantities of works and materials and their associated costs.

(2) The final estimated budget includes the cost estimate by work categories.

(3) The cost estimate by work categories represents the evaluation of all expenses for materials, labour, use of construction equipment and other expenses.

(4) The cost estimate by work categories comprises: a list of resource consumption, a list of equipment and machinery requiring installation, budget norm indicators by work categories.

(5) The final estimated budget shall be used as a reference in the process of ranking offers for the execution of works.

(6) For investment objectives financed entirely or partially from public funds, the framework content of the cost estimate by work categories is established by order of the minister responsible for territorial planning, urbanism and construction, with the exception of transport infrastructure works of national interest, for which the framework content of the cost estimate by work categories is established by order of the minister of transport and infrastructure.

Article 513 - General provisions regarding stage 5 - construction execution

(1) Stage 5 consists of materializing the constructive component of the project, exclusively based on the technical execution design and in compliance with the building permit and technical approvals where these are required.

(2) The stage begins with the handover of the site to the construction contractor and is finalized through acceptance upon completion of works.

(3) The purpose of stage 5 is to achieve the objectives established in the feasibility phase by constructing at the established quality level, within the estimated timeframe and cost, and its acceptance so that it can be put into use.

(4) Design activity continues in stage 5 in order to adapt the technical execution design to actual site conditions and to the technology used by the construction contractor.

(5) Within stage 5, manufacturing details are prepared by the construction contractor and submitted for approval by the designer.

Article 514 - Obligations prior to commencement of construction works

(1) Before commencing construction works, the developer ensures:

a) notification of competent public authorities regarding the date and time of commencement of construction works, in accordance with art. 278;

b) notification of county directorates for culture, or the Bucharest municipality regarding the date of commencement of works in the case of interventions on classified historical monuments;

c) payment of fees to I.S.C. for construction authorization;

d) placement of the investment identification panel in a visible location;

e) preparation of the execution organization project and authorization of execution organization, if it was not prepared/authorized together with the building permit or if it cannot be implemented in execution as authorized.

(2) Fulfillment of the obligations mentioned in para. (1) is carried out in accordance with applicable specific legislation.

Article 515 - Site handover

(1) Handover of the site and level reference points is carried out by the beneficiary or developer, as appropriate, through the site manager, to the construction contractor, on the basis of a handover-receipt report.

(2) Preservation, as well as any reconstruction of the pegs and reference points handed over remain the responsibility of the construction contractor throughout the duration of site operations.

Article 516 - Site establishment

(1) Site establishment involves the preparation and approval of all risk prevention and management plans during construction, ensuring site integrity, protection of adjacent areas, site organization and any other measures or actions necessary to commence construction.

(2) Within this stage, the beneficiary prepares the site handover report and the construction contractor prepares the following plans: health plan, occupational safety plan and waste disposal plan.

(3) Site organization involves ensuring work and rest space and storage areas for materials and equipment/machinery necessary to commence and carry out construction, ensuring utilities, access, safety, and site security, based on the site organization project prepared by the designer or by the construction contractor.

Article 517 - Site organization

(1) Site organization is carried out based on a project prepared by the general contractor.

(2) The site organization project comprises all development works necessary for the execution of works, such as: fencing, accesses, washing ramp - concrete platform with water collection system connected to sewerage or septic tank and pressure water pump - in the site access area, placement and constructive details, if applicable, for temporary structures, offices, dining hall, sanitary facilities, provision of utilities for site operation, placement of fixed and mobile equipment, platforms for casting prefabricated elements, material storage areas, waste and garbage storage area, as well as scenarios for material supply to the site and waste and garbage removal.

(3) The site organization project may contain a plan for temporary occupation of public and/or private domain of the state or administrative-territorial units, as appropriate, comprising the duration of occupation and delimitation of occupied spaces, such as roads, pavements, other surfaces, if this is absolutely necessary for the implementation of the authorized project and the management and protection plan for vegetation present on the intervention site. Temporary occupation is carried out with the collection of a fee, in accordance with art. 486 of Law no. 227/2015, as subsequently amended and supplemented.

(4) The site organization project is subject to authorization.

(5) The site organization project is accompanied by specific approvals for the utilities necessary for the performance of construction works and the operation of the site, including the contract with a specialized waste disposal facility for the evacuation of waste and garbage.

(6) The construction contractor is responsible for:

a) obtaining all approvals and permits for site organization, namely for any temporary works;

b) establishing the site organization only on its own land, limited to the minimum necessary, with provision of all utilities to ensure safe working conditions;

c) restoring any temporarily occupied land to its original condition with the arrangements determined by the competent authorities.

Article 518 - Site Management

Site management involves the establishment by the general contractor of an internal control system for the investment objective, execution quality, management of participants, materials, equipment and technologies, and waste.

Article 519 - Site Insurance

Site insurance involves the conclusion by the construction contractor of an insurance contract against loss of the property before completion of execution.

Article 520 - Quality Level Monitoring

(1) Quality level monitoring aims to ensure compliance with contractual and legal requirements regarding construction, in order to receive the construction and put it into use.

(2) Quality level monitoring is carried out through monitoring the execution of construction works.

(3) Monitoring the execution of construction works is mandatory:

a) by the contractor/constructor on a permanent basis through the technical manager responsible for execution;

b) by the developer on a permanent basis through the site manager, consultant;

c) by the designer during the critical phases, for all specialties;

d) by the competent control authority according to art. 571;

e) by the beneficiary or by the beneficiary's representatives;

f) by the specialists involved in specialty design.

(4) Quality level monitoring is carried out in critical phases for the mechanical resistance and stability of constructions:

a) in accordance with the critical execution phases established by the project, the construction contractor convenes the parties established by the quality assurance program in critical phases, provided for in art. 430 para. (8) lit. e), who must participate in the verification of works at this stage, and ensures the necessary conditions for their performance, in order to obtain the approval of these parties for the continuation of works;

b) authorization to continue works issued by the representative of the county construction inspectorate / Construction Inspectorate of Bucharest Municipality or by authorized personnel from SNAOPSN, in the case of works on constructions with special character, is carried out under the conditions that the designer, the construction contractor and the developer/beneficiary have carried out the verifications included in the control program and in the quality plan, concluding documents certifying the quality of materials put into operation, the quality of works that become hidden, as well as the remediation of works in which quality deficiencies were found;

c) control activity in determined phases is carried out using the calibration method.

Article 521 - Technical Assistance

(1) Technical assistance activity is carried out by the designer throughout the execution period until the reception of works and is of two types:

a) mandatory technical assistance;

b) optional technical assistance.

(2) Technical assistance activity is included in the contract concluded with the general designer.

(3) By exception to the provisions of para. (2), technical assistance activity may be contracted separately, if for objective reasons not attributable to the designer, technical assistance activity cannot be carried out by the designer.

(4) Mandatory technical assistance activity provided for in para. (1) lit. a) is provided for in the contract concluded with the general designer and includes the activities mentioned in art. 426 para. (1) lit. e), h), i), j) and k), the designer having the obligation to resolve exclusively non-conformities in the technical execution project identified at this stage.

(5) Technical assistance activity includes the following types of services:

a) arbitration of situations where non-conformities appear in execution, concluded with the recommendation made to the beneficiary of: acceptance of the work, acceptance of the work with remediation, rejection of the work;

b) analysis of technical data of materials proposed by the construction contractor, concluded with the recommendation made to the beneficiary of: acceptance of materials, acceptance of materials with conditions, rejection of materials;

c) analysis of samples of materials proposed by the construction contractor, concluded with the recommendation made to the beneficiary of: acceptance of materials, acceptance of materials with conditions, rejection of materials;

d) analysis of manufacturing projects proposed by the construction contractor, concluded with the recommendation made to the beneficiary of: acceptance, acceptance with conditions, rejection;

e) provision of solutions for unforeseen situations, non-conformities, discrepancies, unforeseen works and defects that appear during the execution of works and modification, accordingly, of the execution documentation and monitoring the application on site of the adopted solutions;

f) issuance of site orders for the formalization of activities provided for in lit. a)-e);

g) issuance of observation notes;

h) participation in periodic coordination meetings for execution.

Article 522 - Design Activity

(1) Design activity at stage 5 consists of adapting the technical execution design to the actual site conditions and to the technology used by the construction contractor.

(2) The design activity provided for in para. (1) is represented by the design of execution details, other than those provided for at stage 4.

(3) The execution details related to stage 5 may be:

a) execution details regarding solutions developed by the designer; as a rule, these are carried out within stage 4, but may be supplemented, modified/adapted within stage 5;

b) execution details for equipping the investment objective, during execution, with apparatus and equipment, carried out in compliance with the data and information provided by their suppliers;

c) standard current execution details, according to the standard details of sub-assembly suppliers, or execution details that depend on the technological specifics of the manufacturers.

(4) In all cases provided above, the designer, within technical assistance, supervises the preparation and functional adaptation of execution details, regardless of who prepares them.

(5) Following changes in building conditions on site compared to those designed or following the identification of discrepancies between various parts of the technical execution design, additional design activities may arise.

Article 523 - Construction Execution Cost

(1) The construction execution cost is the cost provided for in the contract concluded by the beneficiary/developer with the construction contractor, based on the accepted offer and the detailed quantity budget.

(2) The budget margin is proposed by the construction contractor and is provided for in the contract with it.

(3) In the case of investment projects in construction financed entirely or partially from public funds, the budget margin must fall within the margins proposed by this code, according to annex no. 7, compared to the final costs, recorded at handover for operation.

Article 524 - Monitoring of Execution Costs

(1) The execution costs of the investment objective are established based on the contractor's offer made on the basis of a budget by work categories.

(2) The execution costs thus established may be used in the process of differentiating offers for the execution of works.

(3) The budget by work categories is proposed by the construction contractor following verification and updating, if necessary, of the quantities of works and materials and the associated costs estimated in the previous stage.

(4) The budget by work categories proposed by the construction contractor constitutes the basis for reporting on the monitoring of execution costs.

(5) Monitoring of actual construction costs represents a continuous activity of monitoring and reporting, consisting of comparative analysis of payment requests from the construction contractor by reporting to the final calculated budget and the contractual budget, as well as by reporting to the stage of work performance and the contractual schedule.

(6) Monitoring of actual costs is recorded in a statement report regarding compliance with the budgeted financial framework, mentioning the risks of overrun, respectively cost overruns outside the anticipated and agreed/contracted margin and justification of these overruns, if applicable.

(7) Monitoring of costs on behalf and for the account of the beneficiary/developer is carried out by the site manager and/or the project manager.

Article 525 - Monitoring of Execution Duration

(1) Monitoring of the execution duration of the investment project in construction represents a project management activity, iterative, reported to the physical progress of construction work execution, with the aim of capitalizing on opportunities to accelerate the schedule, respectively to mitigate risks from delays.

(2) Monitoring of execution duration is recorded in a statement report regarding compliance with the construction execution schedule provided for in the contract concluded by the beneficiary/developer with the construction contractor, mentioning the risks of overrun or any overruns thereof.

Article 526 - Construction Realization Schedule

(1) The construction execution schedule, prepared by the construction contractor, details the general schedule for the realization of the investment objective, specifying the deadlines for the different phases of investment realization, the participants, the work categories and the stages of participant intervention.

(2) The project manager/site manager verifies and approves the construction execution schedule submitted by the contractor and reports monthly to the beneficiary/developer on compliance with it and the contractual obligations of the construction contractor.

(3) Any delays compared to the execution schedule are brought to the attention of the project manager/site manager by the construction contractor and the beneficiary/developer, and the construction contractor proposes remedial measures.

(4) Under the conditions of para. (3), the construction contractor prepares the updated execution schedule, which highlights the differences and causes/events that led to its modification.

(5) If the construction contractor records delays attributable to the beneficiary, the duration and execution schedule are updated accordingly, the construction contractor being entitled to payment of the associated additional costs, according to the contract between the parties.

(6) If the delays recorded are attributable to the construction contractor, their resolution is carried out according to the existing contract between the parties.

Article 527 - General Provisions on Construction Acceptance

(1) Acceptance is a complex process by which the completion of works for the realization of new constructions or interventions on existing constructions is certified, in compliance with urban planning requirements and fundamental quality requirements in construction applicable, in accordance with the provisions of the building/demolition authorization, as well as the documents provided for in the technical record of the construction.

(2) Acceptance of constructions of any category is carried out by the beneficiary/developer and includes two stages:

a) acceptance upon completion of works;

b) final acceptance, upon expiration of the warranty period.

(3) By way of exception to the provisions of paragraph (2), for engineering works and for at least one section, in the case of buildings, partial acceptance may be carried out upon completion of works and final partial acceptance for parts/objects/sectors/sections of/from construction, included in the building/demolition permit, if these are physically and functionally distinct/independent, can be operated in safe conditions and comply with applicable fundamental requirements. The decision to carry out one or more partial acceptances is made by the beneficiary/investor at the request of the contractor/builder, with the approval of the designer. Partial acceptance upon completion of works or final partial acceptance follows the same steps as in the case of acceptances provided for in paragraph (2), but only for the part accepted. Partial acceptance upon completion of works for the part/object/sector/section of/from construction may also be carried out if that part is to be put into operation/use after acceptance, and if it only meets the conditions to be put into operation.

(4) The construction may be put into use only if the developer accepts the acceptance upon completion of works, the beneficiary takes over the construction and obtains the necessary authorizations for the use of the construction.

(5) Acceptance approval certifies that the contractor of the construction works has fulfilled its obligations in accordance with the provisions of the works/execution contract, the design documentation, the building/demolition permit, as well as the execution documentation.

(6) The beneficiary/Investor may decide, with justification, to take over from the contractor of the construction works a part of the construction, at a certain physical stage of execution, by carrying out an acceptance at physical stage of execution.

(7) In the acceptance report at physical stage of execution, the following shall be recorded, as applicable: the condition of the part of construction in question, the defects found resulting from improper execution for which measures and deadlines have been set for their remediation, the measures for preservation of the executed works.

(8) The acceptance of constructions in the field of transport infrastructure of national interest is carried out in accordance with the provisions of the Regulation on the acceptance of constructions in the field of transport infrastructure of national interest, drawn up under the conditions of art. 376 paragraph (4).

(9) In the report on the status of construction realization, the same information contained in the report at physical stage of execution according to paragraph (7) shall be recorded.

Article 528 - Acceptance upon completion of works

(1) Acceptance upon completion of works represents the set of activities for testing functionalities and evaluating compliance by which the completion of works for the realization of new constructions or interventions on existing constructions is certified, with compliance with applicable fundamental quality requirements and in accordance with the provisions of the building/demolition permit, as well as the documents provided in the technical book of the construction and which is finalized with the putting into use of the construction.

(2) Acceptance upon completion of works involves the handover to the owner by the site manager of the technical book of the construction, the maintenance manual and the lifespan of components, prepared under the care of the investor and the carrying out of formal acceptance.

(3) For the purpose of carrying out acceptance upon completion of works, the following documents are prepared:

a) the opinion of the designers, for each specialty separately;

b) the opinion of the site manager;

c) acceptance reports;

d) the technical book of the construction;

e) the manual of use and maintenance by categories of activities, materials, constructive elements and equipment, depending on the warranty and lifespan period, as well as instructions for monitoring behavior over time;

f) operator training sheets regarding the use and handling of equipment and installations;

g) the actual executed project - as built - the level of detail and the person responsible for its preparation shall be established by the contract concluded by the beneficiary/developer with the contractor of the construction works or with the designer, in case the latter is involved in monitoring the execution of works.

(4) Acceptance upon completion of works is carried out only together with acceptance upon completion of works of connections to the technical-utility infrastructure related to individual and collective housing complexes, public utility constructions and access roads, outside the situations expressly provided by law.

(5) The procedure for carrying out acceptance upon completion of works, depending on the typology of investment projects in construction, is provided for in the regulations for acceptance of execution works in construction provided for in specific normative acts.

Article 529 - Technical book of the construction - documentation related to stage 5

(1) The technical book of the construction represents the documentation finalized at the end of stage 5 together with acceptance upon completion of works.

(2) The preparation and drawing up of the technical book of the construction in electronic format is mandatory, which is uploaded to the National Register of Constructions, which will be permanently connected to the databases that underpin and manage the cadastre, the land register, information that interested and authorized parties can access at any time during the existence of the construction.

Article 530 - Content of the technical book of the construction

(1) The technical book of the construction includes documentation on design, documentation on execution, documentation on acceptance and documentation on operation, maintenance, repair, monitoring of behavior in operation, interventions over time on the construction and post-use.

(2) The technical book is prepared under the care of the developer, is handed over to the beneficiary of the construction and includes:

a) technical documentation on design updated at the date of acceptance upon completion of works and documentation on execution, at acceptance upon completion of works;

b) technical documentation on acceptance, as well as documentation on monitoring behavior in operation and interventions on the construction, the manual of use and the specifications for operation, at final acceptance of construction works.

(3) The updating of the technical record during the execution period is carried out under the coordination of the site manager.

(4) The building owner is obligated to preserve and keep up to date the documentation provided in para. (2).

(5) The obligation provided in para. (3) incumbent on the building owner may be fulfilled also by other beneficiaries of the building, under the conditions established by the contract concluded between them.

(6) In the case of a homeowners' association, the technical record of the building is preserved and kept up to date by the administrator.

(7) The provisions in the technical record of the building relating to operation are mandatory for the beneficiary/beneficiaries, administrator and user.

(8) Upon transfer of the building, the technical record in physical and digital format is handed over to the new owner, respectively the new beneficiary, and the latter is obligated to keep up to date all information regarding the monitoring over time of the building and information regarding intervention works on it.

(9) The technical record in digital format is registered in the National Register of Buildings, at the initiative of the beneficiary, by uploading specific information into the IT system coordinated by the ministry responsible for territorial planning, urbanism and construction, with the exception of those relating to buildings administered by SNAOPSN institutions.

Article 531 - General provisions regarding stage 6 - handover of the building

(1) Stage 6 begins immediately after the reception upon completion of works and is finalized by the final reception.

(2) The purpose of stage 6 is represented by the finalization of the building construction execution contract and the expiration of the warranty period, by remedying hidden defects that have appeared, so that the building meets the specific requirements for use, and by the formal and complete handover into operation of the building to the beneficiary.

(3) The construction contractor is obligated to remedy hidden defects that appear during the warranty period.

(4) In stage 6, the use of the building begins.

(5) The operation and maintenance of the building in accordance with legal provisions is ensured by the beneficiary and/or user.

(6) The warranty period is provided for in the contracts concluded by the beneficiary/developer with the construction works executor, depending on the consequence classes of the buildings, and has a minimum duration, as follows:

a) 5 years for buildings classified in CC3 and CC4;

b) 3 years for buildings classified in CC2;

c) 1 year for buildings classified in CC1;

d) 2 years for planting works in accordance with the contractual provisions related to natural losses caused by weather and climatic conditions.

(7) In the situation where the warranty period is not provided for in the contracts concluded with the executors, the warranty period is equal to the minimum duration established according to para. (6) depending on the consequence class of the building.

(8) The warranty period is extended by an additional act to the contract with the period necessary to remedy quality defects that appear during this period.

(9) The warranty period begins to run from the date of signing the reception report upon completion of works.

(10) Warranty for structural defects of the investment objective is granted for the entire duration of the building's existence.

Article 532 - Evaluation of the building at the end of the warranty period

(1) Evaluation at the end of the warranty period is a phased process, carried out in one or more sessions, finalized with the final reception.

(2) The evaluation process is finalized by convening the meeting of the final reception committee.

(3) The committee may decide to end the warranty period and sign the reception report upon completion of works or, in case of defects that need to be remedied and which are not caused by improper operation, extend the warranty period until the defects are remedied.

(4) The building beneficiary is obligated to organize the final reception within a maximum of 10 days, calculated from the date of expiration of the warranty period.

Article 533 - Building maintenance

(1) Maintenance is the activity through which the beneficiary/user ensures the operation of the investment objective is maintained at the most optimal parameters of cleanliness, current maintenance, timely inspections, replacement of elements and components at the end of their duration of existence, current repairs, remedies and local renovations.

(2) Monitoring during operation is part of the maintenance process, signaling defects and damage that have appeared and the need to carry out repair/rehabilitation operations.

(3) The maintenance activity involves completing the post-execution documentation with current interventions on the investment objective.

Article 534 - General provisions regarding stage 7 - use of the building

(1) Stage 7 begins from the moment of handover of the building to the beneficiary/user, as applicable, and is finalized at the end of the building's duration of existence.

(2) The purpose of stage 7 consists in ensuring proper operation of the investment objective in accordance with the purpose for which it was built and maintaining the investment objective at the highest level of performance by carrying out in a timely manner current repair and maintenance actions.

Article 535 - Administration and management of the building

(1) Stage 7 involves the performance of the following building administration and management activities:

a) activities for administering the operation and use of the building;

b) maintenance activities by performing current repair works, maintenance or equipment replacement;

c) asset management activities.

(2) Administration and maintenance activities are the obligation of the beneficiary or user and may be carried out personally or through service providers.

Article 536 - Evaluation at the end of the life cycle of the investment project / duration of existence of the building and periodic evaluations

(1) Evaluation at the end of the life cycle of the investment project in construction / duration of existence of the building is a complex process, carried out on a multi-criteria basis, involving the analysis of the investment objective through the following criteria:

a) general physical condition;

b) structural resistance and stability;

c) condition of installations and equipment;

d) persistence of the served requirement;

e) capacity to meet existing requirements;

f) current urban, socioeconomic, ecological, cultural context to which it relates;

g) needs of the owner / user.

(2) To the criteria provided in para. (1) are added the comparison of operational parameters set in the design stages with those actually determined in stage 7 and the evaluation of cost elements.

(3) Depending on the purpose of the evaluation and the beneficiary of this evaluation, namely the developer who initiated, implemented and operated the investment objective throughout its entire existence or the beneficiary who took it over in stage 6, the cost evaluation is done for:

a) operating costs and their comparison with those provided for in stage 2;

b) investment costs resulting at the end of stage 5;

c) total costs, namely the sum of investment costs and operating costs;

d) the ratio between investment costs and operating costs and the identification of those methods to increase the sustainability of the building by reducing operating costs and the influence of this action on investment costs.

(4) Evaluation at the end of the life cycle of the investment project in construction / duration of existence of the building is recorded in an evaluation report with a review of the dynamics of performance and cost indicators, as found in the monitoring and verification reports from previous stages.

(5) The developer / Beneficiary of the investment objective has the obligation to carry out the evaluation at the end of the life cycle of the investment project in construction / duration of the projected existing life of the building.

(6) The time interval within which the evaluation at the end of the duration of existence must be carried out is represented by the last three years within the standard duration of existence of the building.

(7) The time interval at which periodic evaluations are carried out is usually 10 years, unless a technical expertise report carried out previously indicates otherwise.

(8) Periodic evaluations shall be carried out in accordance with those mentioned in art. 558 para. (19)-(21) and shall also take into account those mentioned in para. (1) of this article.

Article 537 - Post-use of the building

(1) Following the evaluation at the end of the life cycle of the investment project in construction, the investment objective may be:

a) completely demolished, a stage that coincides with the end of the investment project in construction;

b) integrated into a new investment project in construction, resuming the stages of the life cycle of the investment project in construction described in this code.

(2) Complete demolition of the building includes the following activities:

a) decommissioning, dismantling and demolition of buildings;

b) reconditioning and reuse of recoverable elements and products;

c) waste recycling with environmental protection ensured in accordance with the law.

(3) Integration of the investment objective into a new investment project in construction may be carried out through:

a) refunctionalisation;

b) modernisation;

c) rehabilitation;

d) consolidation;

e) restoration / conservation;

f) extension of the building horizontally or vertically;

g) partial demolition;

h) other categories of interventions.

Article 538 - Management of investment projects in construction

(1) Management of investment projects in construction is the activity through which the processes carried out within projects realized/developed for the purpose of executing constructions of any kind and interventions on them are organized, planned and monitored within predetermined time, cost and quality limits.

(2) Any investment project in construction has 3 essential, interdependent dimensions, namely time, cost and quality, subject to monitoring and modification throughout the project in order to achieve the project objective.

(3) Management of investment projects in construction addresses all 3 essential dimensions in the development of the investment project in construction.

Article 539 - Definition of content/scope of investment projects in construction

(1) Definition of the scope of the investment project in construction is the stage in which the beneficiary, namely the owner/administrator who initiates the investment project in construction:

a) identifies and defines the necessity and opportunity of the project;

b) analyzes the requirements;

c) sets the objectives;

d) defines the attributes;

e) proposes options and locations;

f) identifies expected benefits;

g) anticipates negative impact or economic risk that may result from lack of action;

h) estimates costs based on experience in the field and the national database.

(2) In the case of investment projects financed entirely or partially from public funds, the elements provided in para. (1) are set out in the investment objective substantiation note.

(3) In the case of investment projects financed from private funds, the elements provided in para. (1) are set out in the business plan.

Article 540 - Modification of content/scope of investment projects in construction

(1) Modification of the content/scope of the investment project in construction is carried out by the beneficiary, in case the opportunity or need that triggered the project has undergone changes.

(2) The management plan of the investment project in construction establishes the procedures for monitoring and controlling changes to the content or scope, as well as the conditions and manner of communicating them to the developer.

Article 541 - Management plan for investment projects in construction

(1) The management plan for the investment project in construction is prepared by the project manager and approved by the developer.

(2) The management plan is a component part of the strategic brief - documentation related to stage 0 and includes the following elements:

a) definition of the scope of the investment project in construction;

b) cost management;

c) management of the project schedule;

d) procurement management;

e) human resources management;

f) management of content or design brief;

g) risk management;

h) management of special issues, other than those relating to risks;

i) quality management, including sustainability issues;

j) management of communication within the project and between the project and third parties.

Article 542 - Quality of construction

(1) The quality of a construction is represented by the totality of attributes and characteristics that the final construction must meet in order to respond to the opportunity or need that triggered the investment project in construction, while meeting quality requirements.

(2) The quality of a construction is approached from several perspectives:

a) the user perspective through which the requirements of the beneficiary, the user of the construction are identified. These requirements are recorded in the substantiation note and are developed in the design brief;

b) the product perspective through which the attributes and characteristics that the construction must meet and the quality level of the components are identified. These requirements are recorded in the specifications in the design brief;

c) the value perspective through which it is analyzed to what extent the construction is realized at an appropriate price while respecting the specifications and quality requirements. The analysis is carried out in the feasibility study - financial and economic analysis and sustainability analysis;

d) uniqueness perspective, through which the innovative character and the level of creativity that an architectural or engineering work can achieve are determined. The requirement is specified in the design brief and is ensured through solution competitions;

e) producer perspective through which the technical specifications and mandatory minimum fundamental quality requirements that the construction must meet are identified.

(3) Technical specifications are identified following the completion of the technical execution project.

Article 543 - Technical Specifications

(1) Technical specifications are integral parts of the technical execution project, which regulate the performance level of the works, as well as the requirements, technical and technological conditions, quality conditions for products to be incorporated in the work, tests, including technological ones, trials, tolerance levels and others of the same nature, which guarantee the fulfillment of the quality and performance requirements requested.

(2) Technical specifications are prepared by designers who provide design services in the field of construction and building installations, by specialty, through the development of technical elements included in the drawings.

(3) Technical specifications, together with the drawings, must be designed so that, on their basis, the quantities of work, the costs of work and equipment, and labor force can be determined. Technical specifications must be concise, systematized and non-restrictive.

(4) Technical specifications, together with the budget estimate and the drawings, constitute part of the contractor selection elements, forming the basis for preparing the tender offers and become, upon signing the execution contract, part of the execution contract.

Article 544 - Terms of Reference for Design/Execution Services

(1) The Terms of Reference form part of the documents assumed by the beneficiary or developer of the work in order to organize a procedure for selecting the service provider for design services and/or execution of construction works.

(2) The Terms of Reference for design services and/or specific studies necessary for the completion of design must contain a detailed matrix of services and studies regarding the services to be performed by the designer.

(3) The Terms of Reference for the execution of construction works shall be prepared only after the completion of the Technical Execution Project stage - documentation for stage 4 - phase 1 and includes all technical specifications regarding the quality of construction works.

(4) The Terms of Reference for design and execution works must include all functional requirements and the level of quality envisaged for the investment objective.

Article 545 - Categories of Terms of Reference

(1) Depending on the consequence class of the construction, the Terms of Reference may be:

a) general Terms of Reference, which refer to current works in the field of construction;

b) special Terms of Reference, which refer to specific works and are prepared independently for each work.

(2) Depending on the purpose, the Terms of Reference may be:

a) Terms of Reference for design;

b) Terms of Reference for the execution of works;

c) Terms of Reference for suppliers of materials, semi-finished products, equipment, technological equipment and various manufactured items;

d) Terms of Reference for reception, tests, trials, inspections and commissioning;

e) Terms of Reference for monitoring the behavior over time of constructions and the content of the technical file.

Article 546 - Cost Estimation

(1) Cost estimation is carried out at various stages of the construction investment project.

(2) Estimation is an iterative activity which, in the case of construction investment projects financed entirely or partially from public funds, determines budget margins with maximum levels established, and which is carried out by:

a) the developer or beneficiary at the time of project initiation by reference to their own experience and market reference prices;

b) designers and specialists in the field of engineering construction at the time of feasibility study preparation;

c) the general contractor at the time of tendering.

(3) The final actual execution cost is reported and updated upon completion of the work.

(4) The final execution cost and relevant indicators derived from it, such as cost/sqm, of developed area, usable area or cost/km mileage or any other type of relevant indicator, by types of investments, are communicated to I.S.C.

Article 547 - General Budget Estimate

(1) The general budget estimate is structured by chapters and subchapters of expenses.

(2) Within each chapter/subchapter of expenses, the estimated expenses related to the realization of the object/objects of investment within the construction investment project are entered.

(3) The budget per object establishes the estimated value of the object within the investment objective and is obtained by summing the values of the categories of works that make up the object.

(4) The general budget estimate is prepared by the beneficiary or developer in accordance with specific standards, in the phases of project development, until the completion of the investment objective, and may be updated and/or revised during the course of the investment. The degree of accuracy of the estimates varies as the project develops and execution progresses until the completion of the investment object when the budget margin is 0.

(5) For transport infrastructure projects of national interest, the content of the general budget estimate is established by order of the minister of transport and infrastructure.

Article 548 - General Schedule of the Construction Investment Project

(1) The general schedule of the construction investment project, prepared by the project manager, is the document through which the physical progress of the project is programmed and monitored over time, until its completion. The schedule establishes the implementation stages, their sequence in time, and sets reference moments as elements for measuring and controlling the recorded progress.

(2) The general schedule illustrates the relationship between implementation stages and/or reference moments, related documentation, payment terms, and the values of documentation and/or services, and differs in structure depending on the type of procurement chosen by the developer for the execution works.

(3) The general schedule can be detailed for each implementation stage.

(4) The general schedule may include:

a) procurement schedule;

b) design activities schedule;

c) execution schedule, namely the activities for executing construction and installation works that are the subject of the project;

d) approvals schedule;

e) post-execution activities, namely the schedule of reception procedures;

f) activities in the operation phase.

(5) The schedules include the deadlines and reference moments at which information exchanges are provided, the content of the documentation that the designer or construction executor, supplier or specialty contractor assume at each deadline in the schedule. Management of the general schedule consists of the permanent updating of the initial schedule, part of the management plan approved by the developer upon signing the project management contract.

(6) The permanent updating of the general schedule is the responsibility of the project manager.

Article 549 - Design activities schedule and construction works execution schedule

(1) The design activities schedule is prepared by the designer and is one of the documents that are part of the information exchange at each stage of the construction investment project.

(2) The construction works execution schedule is prepared by the general contractor, being part of the documents required in the procurement stage, becoming, after the execution contract is concluded, part of this contract.

(3) The execution schedule also includes site organization works and site decommissioning works.

(4) Depending on the type of procurement of construction and installation works, the execution schedule also includes the following:

a) deadlines and documentation related to design activities assumed by the general contractor;

b) deadlines and documentation related to design activities assumed by suppliers and specialty subcontractors;

c) determining phases, correlated with the provisions of the project;

d) stage-by-stage reception of execution works.

Article 550 - Time monitoring program

(1) Monitoring the behavior over time of buildings is carried out throughout the entire period of existence of the building starting with its construction and, in certain cases, before construction, for the purpose of collecting data regarding the behavior of the land or neighboring buildings, and is a systematic activity of collecting and utilizing through interpretation, warning or alarming, information resulting from observation and measurements of phenomena and quantities that characterize the properties of buildings in the process of interaction with the surrounding environment.

(2) The purpose of monitoring the behavior over time of the building is to collect and utilize information to ensure the building's fitness for normal operation, assess conditions for preventing incidents, accidents and damage, respectively reducing material losses, loss of life and environmental degradation. The performance of actions to monitor the behavior over time of the building is carried out both to satisfy the provisions regarding the maintenance of the requirements of strength, stability and durability of the building, as well as the other essential requirements.

(3) The activity of monitoring the behavior over time of buildings applies to all buildings, except those classified as CC1.

(4) The beneficiary is responsible for monitoring the building over time for the period of use.

(5) Monitoring the behavior over time of buildings falls into two categories: current monitoring and special monitoring.

(6) Current monitoring is an activity of monitoring the behavior of buildings which consists of observing and recording aspects, phenomena and parameters that may signal changes in the building's capacity to meet the performance requirements established by the project. Current monitoring of buildings applies to all buildings except those in CC1 and has a permanent character, its duration coinciding with the building's lifespan.

(7) Current monitoring of building behavior is carried out through usual direct examination and, if necessary, with standard measurement equipment that is permanent or temporary, thus monitoring/surveillance can be continuous or sequential.

(8) The current monitoring activity is carried out according to the program for monitoring behavior over time/monitoring which is part of the technical execution project.

(9) Special monitoring of building behavior is an activity of monitoring the behavior of buildings which consists of the systematic measurement, recording, processing and interpretation of the values of parameters that define the extent to which buildings maintain the performance requirements established by projects.

(10) Special monitoring of building behavior applies to new buildings CC3 and CC4 and is established by the project or to buildings in operation with a dangerous evolution, it is recommended in technical expert reports resulting from observations made in an extended inspection.

(11) For buildings in CC2, special monitoring may have a temporary or permanent character, and at the moment special monitoring is instituted, it also includes current monitoring.

(12) The monitoring category, the intervals at which they are carried out, as well as the methodology for carrying them out are established by the designer or in the case of an existing building by a technical expert certified by the ministry in the field of territorial planning, urbanism and construction, especially in situations where the designer's period of responsibility has expired. The interval at which they are carried out shall not exceed one year.

(13) Within the specifications of the technical execution project, the designer includes the program for monitoring the behavior over time during the construction period and throughout the use phase, specifying the monitoring requirements regarding the time interval, possibly related to physical stages of construction, the procedures and measures of interest being monitored, the targeted level of precision.

(14) Buildings classified in CC4, as well as buildings from CC3 located in areas with maximum ground acceleration of at least 0.35 g for earthquakes with an average recurrence interval of 475 years will be instrumented for seismic monitoring. The minimum equipment of these systems will consist of a digital acquisition station and 4 triaxial acceleration sensors, one of which placed in the soil/ground outside the building, a free-field sensor.

(15) Specialized contractors performing time monitoring/monitoring activities, based on the monitoring program issued by the designer, prepare a detailed technological monitoring project for each work category, for construction works of buildings in CC3 and CC4, when the monitoring category is special. For CC2 buildings, work can be carried out directly based on the single monitoring program indicated by the designer.

(16) Upon completion of construction works, based on the results of measurements from monitoring activities during construction, the designer may adapt/modify the time monitoring program for the operation/use phase of the building, if deemed necessary.

(17) The monitoring program from the technical execution project or, as applicable, the modified one, is an integral part of the specifications for operation.

(18) In case of events occurring in extraordinary circumstances or through a concurrence of unfavorable circumstances caused by natural or human factors that impose significant stress on the building, the technical expert carries out a distinct stage of monitoring the behavior over time/monitoring, exceptional, outside the framework program for time monitoring.

(19) Within 10 years of acceptance upon completion of works and then at 10-year intervals, the technical expert performs a procedure of investigation and evaluation of the building which also encompasses the activity scheduled for the time monitoring process.

(20) The procedure provided in para. (19) addresses the fundamental requirements applicable to the building as considered in the design of the building.

(21) In this activity the inspection will be thorough and extensive, and, at the request of the initial designer or the experts performing the evaluation/expertise, the monitoring activity may include other types of measurements than those provided in the project program, as recourse may be made to material testing, surveys, measurements at local or global level, which may result in:

a) issuance of a certificate of good behavior of the building;

b) recommendation of repair/rehabilitation/consolidation measures;

c) reduction/extension of the projected service life of the building as a whole or of its component subsystems;

d) modifications to the parameters of the time monitoring process.

(22) For each stage of time monitoring, the specialists provided in para. (15) prepare a time monitoring report, which is recorded in the events log of the building's technical file.

(23) For buildings in CC3 and CC4, all measurement results, as well as reports on monitoring the behavior over time are entered into a centralized database, part of the building's technical file and which is also integrated into the National Register of Buildings.

(24) The provisions of para. (23) are optional in the case of CC2 buildings.

Article 551 - Monitoring Schedule

(1) Throughout the entire service life of a building, an activity of monitoring the behavior over time or evaluation/expertise processes is carried out.

(2) The provisions of para. (1) do not apply in the case of buildings classified in CC1, as monitoring of behavior over time is not necessary for the entire service life of the building.

(3) The monitoring schedule represents the scheduled progression over time of all monitoring activities, processes and stages from the execution and operation periods.

(4) The monitoring schedule is part of the technical execution project and is prepared by the designer.

(5) The monitoring schedule is modified at the request of bodies with control responsibilities, at the request of the designer or an expert, or during the operation period depending on exceptional phenomena that occur and/or extended evaluation/expertise activities.

(6) Updating the monitoring schedule and its implementation is the responsibility of the developer, through the project manager for the execution period and of the building owner after commissioning, which may be carried out either directly by the owner or through a company specialized in this activity.

(7) The centralized database of the building, part of the building's technical file, will also include the up-to-date monitoring schedule, including past processes and activities, as well as all minutes, reports and data and graphs that support them.

Article 552 - Risk Management

(1) Risk management is a specific activity of project management that includes the identification and management of risks, defined as the possibility of losses or adverse consequences occurring and the assessment of the probability of their occurrence.

(2) The following categories of risks are applicable to buildings:

a) risks generated by external natural/environmental/exceptional factors, namely disasters, terrorist attack, war, which could generate emergency/force majeure situations;

b) risks related to the implementation of the construction investment project, namely design, execution, operation, technological, geomorphological risks, non-conformities, approval/authorization, legal nature;

c) risks in operation, such as technological risks, vandalism, theft, non-compliant use, fire, cyber risks;

d) risks generated by the absence of data necessary for initiating and conducting the project at the qualitative and quantitative level established.

(3) Risk identification and determination of their anticipated impact shall be carried out within the feasibility study, in the case of investment projects in construction financed entirely or partially from public funds, or within the business plan in the case of investment projects in construction financed from private funds.

(4) Monitoring of risk materialization shall be carried out throughout the investment project in construction.

Article 553 - Communication within the investment project in construction

Communication within the investment project in construction shall be carried out from two perspectives:

a) exchange of internal information between project participants, throughout the project;

b) exchange of external information between the beneficiary, through project participants and interested parties with duties of approval, authorization and control in order to request and issue acts, approvals, authorizations.

Article 554 - Communication within the investment project in construction

Communication within the investment project in construction shall be carried out through the exchange of information at each stage of the project and includes:

a) communication between the beneficiary in the initiation phase and the financier, through the preparation of the substantiation note/business plan;

b) communication between the beneficiary and the design team in the feasibility study phase or design brief phase and throughout the entire duration of the execution project in all its phases;

c) communication between the developer/designer and public authorities and institutions;

d) communication between the developer/designer and the construction contractor, as well as with I.S.C.;

e) communication to the beneficiary of the final result of execution, materialized through the actual executed project, including the final execution cost for the construction technical file and cost indicators per surface area depending on the type of investment, by the site manager.

Article 555 - Human Resources Management

(1) Human resources management in project management refers to the process of ensuring the necessary human resources in accordance with the needs of the investment project in construction.

(2) The manager of the investment project in construction shall plan the necessary human resources by ensuring specialists and labor force that possess the specific competencies required for the implementation of the project.

Article 556 - Professional Civil Liability Insurance

(1) Designers and consultants are obliged to conclude professional civil liability insurance during the implementation of the design contract, construction work execution or consultancy.

(2) Specialists attested or authorized in technical-professional matters are obliged to conclude professional civil liability insurance.

(3) The obligation provided in para. (2) exists for the entire duration of exercising the right to practice through the actual performance of activities for which they were authorized/attested. Policies shall be concluded for periods of at least one year, with the obligation of annual renewal, for the duration of professional practice.

(4) Construction contractors, as defined in art. 452 and 453, are obliged to conclude insurance for construction-assembly works that covers the risks.

(5) A natural or legal person who carries out construction work on behalf of other persons is also obliged to conclude professional civil liability insurance for defects concerning the assurance of fundamental quality requirements, arising within an interval of 10 years from the acceptance upon completion of the work, at a level that covers the associated risks.

(6) The insurance provided for in this article shall be concluded with insurance companies authorized by the Financial Supervisory Authority.

(7) Developers, legal or natural persons and contractors are obliged to conclude professional civil liability insurance for 10 years that guarantees the repair of damages that appear after the acceptance of construction works.

(8) Insurance of contractors and developers must be mandatory presented at the beginning of construction works.

Article 557 - Construction Product

Construction product means any product or set manufactured and placed on the market for the purpose of being permanently incorporated into construction or parts thereof and whose performance affects the performance of construction in respect of the fundamental requirements applicable to construction.

Article 558 - Product-type

Product-type refers to the set of performance levels or classes representative of a construction product, in respect of its essential characteristics, manufactured by using a specific combination of raw materials or other elements within a specific production process.

Article 559 - Products marketed for the purpose of their use in the realization of construction

Products marketed for the purpose of their use in the realization of construction are subject to the regulated field in construction, as follows:

a) construction products that are subject to a harmonized technical specification are subject to the field regulated by Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, as amended, and subsequent normative acts;

b) construction products that are subject to a non-harmonized technical specification or a technical approval in construction.

Article 560 - Certification for the Assessment and Verification of the Constancy of Performance of Construction Products

(1) Certification of conformity with applicable harmonized technical reference specifications/European technical assessments, or certification with non-harmonized reference standards for which decisions are in force issued by the European Commission, shall be carried out, at the producer's expense, by notified/designated/accredited bodies, in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products or, as the case may be, Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonized rules for the marketing of construction products and repealing Regulation (EU) No 305/2011.

(2) In construction works, the use of construction products without certification and declaration, under the conditions of para. (1), of their performance or conformity is prohibited.

Article 561 - Technical approvals in construction

(1) Technical approval in construction is a component of the quality system in construction and represents a favorable technical evaluation, embodied in a written document, on the suitability for use in accordance with applicable fundamental requirements of different procedures from those provided for in the technical regulations in force, or of construction products that are not subject to a harmonized standard, a non-harmonized standard or a European technical assessment. Technical approval in construction establishes, as the case may be, the conditions for manufacture, transport, storage, installation, use, inspection, monitoring of behavior in service, disassembly and recycling and maintenance thereof. Technical approvals in construction may also be issued for procedures and equipment.

(2) Technical specifications are:

a) harmonized technical specifications, which include harmonized European standards and European assessment documents;

b) non-harmonized technical specifications, which include international standards and standardization documents, non-harmonized European standards and standardization documents adopted by the Romanian Standardization Association.

(3) Technical approval in construction is drawn up, under the conditions of the law, by a body for drawing up technical approvals in construction authorized by the competent state authority in the field of construction products, respectively by the ministry responsible for the field of spatial planning, urbanism and construction. Technical approval in construction is accompanied by a valid technical opinion issued by the Permanent Technical Council for Construction.

(4) In construction works that must ensure the level of quality in accordance with applicable fundamental requirements depending on the intended use, traditional products, procedures and equipment shall be used, as well as new ones for which corresponding technical approvals in construction exist.

(5) Obtaining technical approval is mandatory only if the products do not have the CE marking and declaration of performance inscribed on them.

(6) The framework content and main elements of organizing the activity concerning technical approval in construction, the obligations incumbent on producers, their authorized representatives, importers and bodies for drawing up technical approvals in construction shall be established by a Government decision, at the proposal of the competent state authority in the field of construction products.

Article 562 - Validity of technical approval in construction

(1) Technical approvals are granted for a limited validity period of 3 years, in accordance with the procedural rules established by the competent ministry.

(2) Technical approval in construction is valid only when accompanied by a valid technical opinion issued by CTPC.

(3) Technical opinion in construction is valid for 3 years.

Article 563 - Accompanying documents

(1) The producer, authorized representative or, as the case may be, the importer who introduces/makes available on the market in Romania a construction product must hold, as the case may be, the following relevant documents to demonstrate the conformity and performance of the product:

a) declaration of performance or declaration of performance and conformity, as the case may be, CE marking and, as the case may be, the certificate issued by the assessment and verification body related to the applicable system for assessment and verification of the constancy of performance, when the drawing up, application and issuance thereof are mandatory under applicable legislation, or

b) declaration of mutual recognition, drawn up on a voluntary basis, together with the supporting documents necessary to verify the information it contains, or other relevant documents provided for in Regulation (EU) 2019/515 of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008, in the situation where the product is lawfully marketed in another Member State and does not fall under a harmonized requirement at Union level, or

c) declaration of conformity applicable to construction products subject to a non-harmonized standard and, as the case may be, the certificate of conformity with the standard, issued by a body accredited for that field, or

d) national declaration of conformity for construction products subject to a technical approval in construction, together with that technical approval in construction, and

e) the technical file on which the declaration was based, when the relevant legislation provides for the drawing up thereof, and

f) instructions and information on the use of the construction product or general information about the product, instructions for use and safety information and, as the case may be,

g) safety data sheet of the product, when this is mandatory under applicable legislation on chemical substances and mixtures, and/or

h) for construction products that come into contact with water intended for human consumption, the health approval, notification or documents issued under Delegated Regulation (EU) 2024/370 supplementing Directive (EU) 2020/2.184 of the European Parliament and of the Council by establishing procedures for assessing the conformity of products that come into contact with water intended for human consumption, as well as rules for designating the conformity assessment bodies involved in these procedures, namely the EU declaration of conformity and a certificate for the conformity assessment procedure.

(2) The declaration provided for in para. (1) must include the performances determined and verified, declared under the responsibility of the manufacturer, relating to the essential characteristics of the construction product in question.

(3) The documents provided for in para. (1) must be drawn up or, as appropriate, translated into Romanian. The distributor who makes available on the market in Romania a construction product must hold, for the product in question, the documents provided for in para. (1), as appropriate, except for the technical file mentioned in lit. e) and must supply them along the distribution chain, and, if the competent authorities request them, must also make them available to the latter.

Article 564 - State authority competent in the field of construction products

The ministry responsible for the field of spatial planning, urbanism and construction fulfils the role of:

a) state authority competent in the field of construction products;

b) notification authority to the European Commission of the bodies for evaluation and verification of the consistency of performance of construction products;

c) designation authority to the European Commission of the bodies for technical assessment;

d) national accreditation authority for the bodies that develop technical approvals in construction.

Article 565 - Permanent Technical Council for Construction

(1) Under the authority of the ministry responsible for the field of spatial planning, urbanism and construction, the Permanent Technical Council for Construction, hereinafter referred to as PTCC, is established, a body without legal personality that ensures the conduct of activities concerning technical approval in construction through specialized technical committees for the approval of technical approvals in construction, extension or modification of technical approvals in construction and the extension of technical opinions for technical approvals in validity.

(2) The structure of PTCC comprises a president and 8 members.

(3) The president of PTCC is the state secretary coordinating the construction field within the ministry responsible for the field of spatial planning, urbanism and construction.

(4) The members of PTCC are nominated by the authorities and institutions with responsibilities in the field of construction.

(5) The regulation on the organization and functioning of PTCC is approved by order of the minister responsible for the field of spatial planning, urbanism and construction. PTCC ensures the conduct of activities concerning technical approval in construction, for which purpose:

a) evaluates the bodies developing technical approvals in construction, in order to grant accreditation;

b) proposes the restriction of fields, conditional maintenance, temporary suspension and cancellation of accreditation of the bodies developing technical approvals in construction, as appropriate;

c) ensures periodic supervision of these bodies, following accreditation;

d) organizes the activity of specialized technical committees for the analysis and approval of technical approvals in construction, extension or modification of technical approvals in construction and extension of technical opinions for technical approvals in construction in the validity period;

e) issues the technical opinions accompanying the technical approvals during the validity period;

f) proposes the extension of the validity of the technical opinion, modification, extension, suspension, withdrawal of the technical approval in construction, as appropriate.

(6) The evaluation and periodic supervision of the bodies developing technical approvals in construction is carried out on the basis of procedures approved by order of the minister responsible for the field of spatial planning, urbanism and construction.

Article 566 - Market surveillance activity for construction products

The market surveillance activity for construction products consists of monitoring the commercialization of construction products in order to incorporate them into construction, in order to verify the conformity of these products with the applicable provisions and to establish measures to prevent or reduce the risks that may be caused by non-compliant construction products, when deviations are detected.

Article 567 - Authorities with a role in market surveillance

(1) Market surveillance of construction products is ensured by the following authorities of the central public administration:

a) I.S.C., the specialized technical authority that exercises state control with regard to the uniform application of legal provisions on quality in construction and market surveillance of construction products, for all construction products;

b) the General Inspectorate for Emergency Situations, the specialized authority of the central public administration, for construction products in the category: (i) fixed fire-fighting equipment - fixed equipment for fire alarm/detection, fire extinguishing and fire and smoke control;

(ii) fire-resistant sealing elements, fire-resistant doors, non-structural sub-assemblies made in thin-plate systems for dry assembly, products for thermal protection of construction elements, fire-resistant glazed elements.

(2) Units that provide research activities in construction have the obligation to verify and control new products and procedures at the request of manufacturers, in order to issue technical approvals.

Article 568 - Conducting market surveillance activity for construction products

In conducting the market surveillance activity for construction products, the authorities proceed to:

a) periodic verification of construction products and related documents throughout the distribution chain, as well as in the execution stages;

b) organization of planned, thematic, unannounced, spot or follow-up inspections in response to complaints/reports, regarding the conformity of the construction product with the requirements for its intended use;

c) sampling for testing purposes in accredited/notified/authorized laboratories, as applicable; the accredited/notified/authorized laboratories must be different from those involved in the conformity assessment of the construction product in question;

d) request for accompanying documents;

e) application of sanctions for identified breaches;

f) establishment of risk reduction measures that may be caused by non-compliant construction products, in accordance with applicable legal provisions established through special normative acts.

Article 569 - Offences against the construction regime

(1) The design, verification, expert assessment, execution of a construction or performance of modifications thereto without compliance with technical regulations regarding stability and strength, if in this manner the life or bodily integrity of one or more persons is endangered, constitutes an offence and is punished by imprisonment from one to 5 years and deprivation of rights.

(2) The act provided for in para. (1), if it has produced one or more of the following consequences: loss of human lives, serious bodily injury or health damage to one or more persons, total or partial destruction of the construction, destruction or degradation of important installations or equipment or other particularly serious consequences, constitutes an offence and is punished by imprisonment from 3 to 10 years and deprivation of rights.

(3) If the acts provided for in para. (1) were committed through negligence, the special limits of the penalties are reduced by half.

(4) The acts provided for in this article, if, in accordance with Law no. 286/2009, as subsequently amended and supplemented, or other special laws, constitute more serious offences, are sanctioned with the penalties provided for by these.

Article 570 - Breaches of the construction regime

(1) The following acts constitute breaches, if they were not committed under such circumstances that, according to criminal law, they would be considered offences:

a) execution of a new construction, an intervention on an existing construction, as well as its demolition in breach of the provisions regarding authorization and execution of the construction or intervention on an existing construction;

b) performance of modifications, transformations, modernizations, reinforcements without a project verified by certified project verification specialists in accordance with legal provisions and which may affect applicable fundamental requirements, except for projects for constructions classified in the CC1 consequence class;

c) breach of the provisions regarding the applicable fundamental requirements for constructions provided in the technical regulations in force at the date of contracting the design and, respectively, the execution of works;

d) execution of constructions without projects or on the basis of projects not verified by certified project verification specialists in accordance with legal provisions, where applicable;

e) acceptance of the construction by the developer/beneficiary in breach of legal provisions;

f) preparation by designers of incomplete projects, which present non-compliant solutions or which contain discrepancies between different sections thereof, which lead to failure to achieve the quality level of constructions corresponding to applicable fundamental requirements. Upon identification of the breach and application of the sanction, the designer is obligated to complete/redo the technical documentation, as applicable, at their own expense;

g) appropriation by certified project verification specialists of incomplete projects, which present non-compliant solutions or which contain discrepancies between different sections thereof, which lead to failure to achieve the quality level of constructions corresponding to applicable fundamental requirements;

h) preparation by certified technical experts of incomplete technical expert assessments, which do not comply with the provisions of the technical regulations in force at the date of their contracting, as well as establishment of solutions which lead to breach of the provisions regarding applicable fundamental requirements;

i) prohibition or obstruction of quality control inspections in constructions, non-presentation of documents and acts requested by persons with control duties and/or by competent authorities, in accordance with legal provisions;

j) non-compliance with the obligation to perform final acceptance upon completion of works only together with acceptance upon completion of works of connections to the technical-utility infrastructure related to individual and collective housing complexes, public utility constructions and access roads;

k) non-compliance with the obligation of the developer/beneficiary to perform final acceptance upon expiration of the warranty period;

l) non-compliance with the obligation of the beneficiary/investor to put the construction into use only after acceptance of the final inspection and commissioning of authorized and final connections to the public utility networks of the utility infrastructure, both in the case of new investments and in the case of interventions on existing constructions that were not used during the execution of construction works, taking over thereof and obtaining authorizations;

m) non-compliance with the obligation of the beneficiary to permit the use of the construction only after acceptance of the final inspection and taking over of the construction, with all connections to utility services commissioned and accepted by the developer/beneficiary in accordance with the advice of utility suppliers attached to the construction authorization;

n) failure to ensure verification of construction works execution by authorized site managers or holders of equivalent/recognized certificates under the law;

o) improper organization and non-application of the quality management system by the contractor/executor, as well as execution of constructions without authorized technical specialists responsible for execution or holders of equivalent certificates recognized under the law;

p) exceeding of competencies in domains, subdomains, specialties or professional grades for which they are certified/authorized by certified project verifiers, certified technical experts, certified energy auditors for buildings, authorized technical managers with execution and authorized site managers, exercising the right to practice outside the validity period and/or failure to fulfill their obligations according to current regulations;

q) failure to fulfill obligations established by regulations and procedures developed in the application of this code, regarding the achievement and maintenance of fundamental requirements in the stages of construction realization, operation and interventions on existing buildings and in the post-use stage by the involved factors, according to each one's responsibilities;

r) failure to hand over the construction book by the developer to the beneficiary, respectively the design documentation and execution documentation, upon reception at the completion of works, the reception documentation and documentation regarding monitoring of behavior in operation and interventions on the building, upon final reception of construction works;

s) failure to execute obligations regarding monitoring of behavior in operation of buildings classified as CC3 and CC4;

t) failure to complete and maintain by the beneficiary/owner the technical book of the building according to legal provisions;

u) failure to execute by the beneficiary the obligations regarding monitoring of behavior in operation of buildings and failure to execute, under the conditions of the law, repair and consolidation works;

v) failure to arrange by the contractor/executor the temporarily occupied land to bring it to its initial state, upon completion of construction works;

w) failure to apply by the executor the solutions established, under the conditions of the law, by the designer or certified technical expert, for resolving non-conformities, defects or discrepancies that appeared during the execution of buildings, respectively intervention works on existing buildings;

x) failure to comply with the obligation to have buildings inspected, except for utilities/utility networks by certified technical experts, in situations where intervention works on existing buildings are executed on these buildings or when provided for in art. 437 para. (2);

y) failure to comply with the obligation of users to use buildings according to the operating instructions provided in the technical book of the building and to perform intervention works on the existing building only with the beneficiary's consent;

z) engagement by consultants of certified and/or authorized specialists in all consulting domains for which they have concluded service contracts with developers/beneficiaries;

aa) failure to comply by the consultant with the obligation to notify the developer of non-conformities and discrepancies found in projects and in execution;

bb) failure to comply by consultants with the obligation to ensure the appropriate quality level according to requirements through their own certified quality system;

cc) failure to comply by consultants with the obligation to receive projects according to the design brief and quality requirements;

dd) failure to comply by designers, construction contractors and consultants with the obligation to conclude professional civil liability insurance with insurance companies authorized by the Financial Supervisory Authority during the contract implementation period;

ee) failure to comply by techno-professionally certified or authorized specialists with the obligation to conclude professional civil liability insurance, valid during the exercise of the right to practice through the actual performance of specific activities for which they were authorized/certified;

ff) failure to specify in the project by designers the consequence class of the building and failure to establish the determining phases subject to quality control;

gg) provision in the project or use of uncertified products or for which there are no technical approvals for works where the quality level corresponding to applicable fundamental requirements must be ensured;

hh) failure to comply through projects with the quality level corresponding to applicable fundamental requirements;

ii) failure to convene by the contractor the factors that must participate in the verification of works reached in determining phases of execution and failure to ensure verification conditions;

jj) unjustified absence from the verification of works reached in determining phases, as a result of the convocation made by the contractor;

kk) failure to fulfill the obligation of the designer to establish solutions for remedying the defects reported, concerning applicable fundamental requirements;

ll) failure to notify I.S.C. in case of technical accidents occurring at buildings under construction, as well as those in operation;

mm) failure to fulfill, by the established deadline, the measures included in the control acts;

nn) refusal of certified technical experts to participate in the evaluation of the technical condition of buildings damaged due to natural or anthropogenic factors, at the request of I.S.C.;

oo) failure to comply by developers with the obligation to act in order to resolve non-conformities, defects that appeared during the execution of works, as well as project deficiencies.

(2) The contraventions provided for in para. (1), committed by natural persons and legal entities, are sanctioned with a fine, as follows:

a) from 50,000 lei to 100,000 lei, for failure to comply with the provisions of lit. a)-m);

b) from 20,000 lei to 50,000 lei for failure to comply with the provisions of lit. n)-ee);

c) from 10,000 lei to 20,000 lei for failure to comply with the provisions of lit. ff)-oo).

(3) Under the conditions of this article, the warning sanction is not applied.

Article 571 - Establishment of contraventions and application of sanctions

(1) The establishment of contraventions and application of sanctions provided for in art. 570 para. (1) and (2) are made by persons with control attributions within I.S.C., and in the case of buildings with special character, by authorized personnel from SNAOPSN institutions.

(2) By derogation from art. 13 of Government Ordinance no. 2/2001, approved with amendments and additions by Law no. 180/2002, with subsequent amendments and additions, the right to establish contraventions and apply the fines provided for in art. 570 para. (1) and (2) is prescribed within 5 years from the date of committing the act.

Article 572 - Provisions on suspension of practice rights for certified specialists: energy auditors for buildings, technical experts and project verifiers and for authorized specialists: site managers and technical supervisors

(1) The practice rights of energy auditors for buildings, technical experts, project verifiers, site managers and technical supervisors are suspended:

a) as a complementary sanction;

b) by operation of law;

c) at the request of the holder.

(2) In case of finding contraventions and applying sanctions by persons with control duties within I.S.C., regarding the activity of project verifiers, technical experts and energy auditors, the ministry responsible for spatial planning, urbanism and construction may impose the complementary sanction of suspension for a period between 6 to 12 months, as follows:

a) 6 months in the conditions where at least two of the contraventions provided in art. 570 para. (1) lit. c), g) or h), as applicable, i), p), q) and nn) have been found during the validity period thereof, and corresponding fines have also been imposed, according to art. 570 para. (2);

b) for a period of 9 months in the conditions where the contravention provided in art. 570 para. (1) lit. ee) has been found during the validity period thereof and the corresponding fine has also been imposed, according to art. 570 para. (2);

c) 12 months in the conditions where more than four of the contraventions provided in art. 570 para. (1) lit. c), g) or h), as applicable, i), p), q) and nn) have been found during the validity period thereof.

(3) The application of complementary sanctions provided in para. (2) is ordered by the minister responsible for spatial planning, urbanism and construction, based on the contravention report and fine application drawn up by the control bodies within I.S.C., which shall mention the sanctioned act.

(4) In case of finding contraventions and applying sanctions by persons with control duties within I.S.C., regarding the activity of site managers or technical supervisors, I.S.C. may impose the complementary sanction of suspension for a period between 6 to 12 months, as follows:

a) 6 months in the conditions where at least two of the contraventions provided in art. 570 para. (1) lit. c), p) or q) have been found during the validity period thereof and corresponding fines have also been imposed, according to art. 570 para. (2);

b) 9 months in the conditions where the contravention provided in art. 570 para. (1) lit. ee) has been found during the validity period thereof and the corresponding fine has also been imposed, according to art. 570 para. (2);

c) 12 months in the conditions where more than four of the contraventions provided in art. 570 para. (1) lit. c), p) or q) have been found during the validity period thereof.

(5) The application of complementary sanctions provided in para. (4) is ordered by the general inspector of I.S.C., based on the contravention report and fine application drawn up by the control bodies within I.S.C., which shall mention the sanctioned act.

(6) Suspension by operation of law of the practice rights of energy auditors for buildings, technical experts, project verifiers, site managers and technical supervisors occurs:

a) in the conditions where they exercised their practice rights outside the validity period;

b) in the conditions where a final court decision has been issued by which the holder of the practice right has been prohibited from exercising the profession for which they were certified/authorized.

(7) Suspension by operation of law of the practice rights of energy auditors for buildings, project verifiers and technical experts who exercised their practice rights outside the validity period is established by the ministry responsible for spatial planning, urbanism and construction in the process of confirming and extending the practice right for the three categories of certified specialists and operates:

a) for a period of 3 months from the date of registration with the ministry responsible for spatial planning, urbanism, construction and regional and territorial development of the request for extension of practice rights for energy auditors for buildings, project verifiers and technical experts who exercised their practice rights outside the validity period between 3 and 12 months from the date of expiry thereof;

b) for a period of 6 months from the date of registration with the ministry responsible for spatial planning, urbanism, construction and regional and territorial development of the request for extension of practice rights for energy auditors for buildings, project verifiers and technical experts who exercised their practice rights outside the validity period between 12 and 60 months from the date of expiry thereof;

c) for a period of 12 months from the date of registration with the ministry responsible for spatial planning, urbanism, construction and regional and territorial development of the request for extension of practice rights for energy auditors for buildings, project verifiers and technical experts who exercised their practice rights outside the validity period more than 60 months from the date of expiry thereof.

(8) Suspension by operation of law of the practice rights of site managers and technical supervisors who exercised their practice rights outside the validity period is established by I.S.C. in the process of confirming and extending the practice right for the two categories of authorized specialists and operates:

a) for a period of 3 months from the date of registration with I.S.C. of the request for extension of practice rights for site managers and technical supervisors who exercised their practice rights outside the validity period between 3 and 12 months from the date of expiry thereof;

b) for a period of 6 months from the date of registration with I.S.C. of the request to extend the right of practice for site managers and technical supervisors of execution who exercised their right of practice outside the validity period between 12 and 60 months from the date of its expiration;

c) for a period of 12 months from the date of registration with I.S.C. of the request to extend the right of practice for site managers and technical supervisors of execution who exercised their right of practice outside the validity period more than 60 months from the date of its expiration.

(9) The automatic suspension of the right of practice of the energy auditor for buildings, the technical expert, the project verifier, the site manager and the technical supervisor of execution, as a result of a final court decision by which the specialist is prohibited from exercising the profession for which he was certified/authorized, takes effect from the date of issuance of the final court decision and applies until the date on which the prohibition on exercising the profession is lifted.

(10) Energy auditors for buildings, technical experts, project verifiers, site managers, technical supervisors of execution have the right to request, during the validity period of their right of practice, the suspension thereof. To this end, by stating the reasons and the period for which they request suspension, they submit a request:

a) to the ministry responsible for the field of territorial planning, urbanism and construction in the case of energy auditors for buildings, technical experts and project verifiers, and the suspension on request of the right of practice takes effect based on the approval of the request;

b) to I.S.C., in the case of site managers and technical supervisors of execution, and the suspension on request of the right of practice takes effect based on the approval of the request.

(11) All mentions regarding the suspension of the right of practice of energy auditors for buildings, technical experts, project verifiers, site managers and technical supervisors of execution are recorded, as appropriate, in:

a) the public register of evidence of energy auditors for buildings, managed by the ministry responsible for the field of territorial planning, urbanism and construction and published on its website;

b) the public register of evidence of technical experts, managed by the ministry responsible for the field of territorial planning, urbanism and construction and published on its website;

c) the public register of evidence of project verifiers, managed by the ministry responsible for the field of territorial planning, urbanism and construction and published on its website;

d) the public register of evidence of site managers, managed by I.S.C. and published on its website;

e) the public register of evidence of technical supervisors of execution, managed by I.S.C. and published on its website.

Article 573 - Provisions regarding the updating of PUG

(1) Local public administration authorities shall approve, within 3 years from the date of entry into force of this code, the updating of general urban plans which, at the date of entry into force thereof, are more than 7 years old.

(2) General urban plans in force at the date of entry into force of this code, including those whose validity has been extended under the conditions of the law, retain their validity until the approval of the updating documentation provided by this code, but no later than the deadline provided in para. (1), without the need to issue new extension acts.

(3) In case of non-compliance with the obligation under para. (1), 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 retention of the act of finding by I.S.C.

Article 574 - Partial Receptions

Partial receptions may be carried out under the conditions of this code and for works under execution at the time of entry into force of this code.

Article 575 - Entry into Force

(1) This code enters into force 15 days after the date of publication in the Official Gazette of Romania, Part I.

(2) The entry into force of this code is automatic and its application is not conditioned by the adoption of secondary or tertiary legislation.

Article 576 - Final and Transitional Provisions

(1) Within a maximum of 45 working days from the publication in the Official Gazette of Romania, Part I, of this code, the Ministry of Development, Public Works and Administration shall organize and operationalize the National Commission for Integrated Assessment of Territorial Planning and Urbanism Documentation.

(2) Within a maximum of 45 working days from the publication in the Official Gazette of Romania, Part I, of this code, local authorities shall organize and operationalize the local commission for integrated assessment of territorial planning and urbanism documentation and the single agreement commission.

(3) On the date of entry into force of this code, the following are repealed:

a) Law no. 350/2001 on territorial planning and urbanism, with subsequent amendments and additions;

b) Law no. 50/1991 on the authorization of construction works, republished, with subsequent amendments and additions;

c) the provisions of art. 1-9, art. 11-40 and art. 42-44 of Law no. 10/1995 on quality in construction, republished, with subsequent amendments and additions;

d) Order of the Deputy Prime Minister,

Minister of Regional Development and Public Administration, no. 233/2016 for the approval of the Methodological Norms for the application of Law no. 350/2001 on territorial planning and urbanism and for the elaboration and updating of urbanism documentation, with subsequent amendments and additions, with the exception of annex no. 4 to the methodological norms - Data sheet on informal settlements, annex no. 5 to the methodological norms - Technical norms on spatial data sets related to urbanism documentation and annex no. 6 to the methodological norms - Technical norms for the creation of spatial data sets related to county territorial planning plans;

e) Order of the Minister of Regional Development and Housing no. 839/2009 for the approval of the Methodological Norms for the application of Law no. 50/1991 on the authorization of construction works.

(4) As of the date this code enters into force, local councils, the General Council of Bucharest Municipality and, where applicable, county councils may establish a local territory equipment tax, intended exclusively for financing works to create, extend, modernize or rehabilitate public infrastructure necessary for urban development, including transport infrastructure, technical and utility networks and educational, social, health, cultural, sports and environmental infrastructure related to the area for which territory planning or urban planning documentation is approved or the area affected by its regulations, under the conditions provided by law.

Article 577 - Provisions regarding the application of provisions concerning the investment project in construction

(1) The provisions of Book 2 Part IV - Life cycle of the investment project in construction of this code do not apply to investment objectives/projects that are the subject of Government Decision no. 907/2016 regarding the stages of elaboration and framework content of technical-economic documentation related to investment objectives/projects financed from public funds:

a) whose works are under execution on the date this code enters into force;

b) for which technical projects/feasibility studies/documentation for approving intervention works have initiated public procurement procedures by the date this code enters into force, by transmitting the participation notice for publication/issuing the participation invitation, respectively for which technical projects/feasibility studies/documentation for approving intervention works have been received by the investor/beneficiary or have been submitted for approval/endorsement;

c) for which financing has been approved;

d) for which technical projects/feasibility studies/documentation for approving intervention works require updating, in accordance with applicable normative acts, if they were elaborated and received by the investor/beneficiary by the date this code enters into force, or are submitted for re-approval/re-endorsement.

(2) The cases provided in para. (1) shall be subject to the legislation regarding the stages of elaboration and framework content of technical-economic documentation related to investment objectives/projects financed from public funds, in force on the date when those situations occurred.

(3) Annexes no. 1 - 5 to Government Decision no. 766/1997 for approving regulations on quality in construction, as subsequently amended and supplemented, remain in force until the date of their modification:

a) Regulation on metrology activity in construction;

b) Regulation on management and quality assurance in construction;

c) Regulation on establishing the importance category of constructions;

d) Regulation on monitoring behaviour in operation, interventions over time and post-use of constructions;

e) Regulation on technical approval in construction.

(4) Until the operationalization of the system regarding reference indices, cost substantiation shall be done in accordance with the legislation in force on the date of code approval.

(5) The Annex "Regulation on verification and technical expertise of projects, technical expertise of execution of works and constructions, as well as verification of quality of executed works" to Government Decision no. 925/1995 for approving the Regulation on verification and technical expertise of projects, technical expertise of execution of works and constructions, as well as verification of quality of executed works, as subsequently amended, remains in force until the date of modification of the regulation.

(6) The Annex "Regulation on reception of constructions" to Government Decision no. 273/1994 for approving the Regulation on reception of constructions, as subsequently amended and supplemented, as well as Government Decision no. 845/2018 for approving the Regulation on reception of constructions in the field of road and rail infrastructure of national interest remain in force until the date of modification of these regulations.

(7) The Annex "Regulation on state control of quality in construction" to Government Decision no. 492/2018 for approving the Regulation on state control of quality in construction remains in force until the date of modification of the regulation.

(8) The Annex "Regulation on regulatory activity in construction and categories of related expenses" to Government Decision no. 203/2003 for approving the Regulation on regulatory activity in construction and categories of related expenses, as subsequently amended and supplemented, remains in force until the date of modification of the regulation.

(9) For the purpose of applying art. 63 para. (3) and art. 301 para. (8), the Ministry of Finance shall initiate steps to amend and supplement Law no. 227/2015 on the Tax Code, as subsequently amended and supplemented, within 60 days from the date this code enters into force.

Article 578 - Elaboration of normative acts

(1) Central and local public administration authorities are obliged to review their regulations on organization and functioning and operational procedures and to adopt the necessary administrative measures for the application of this code, by 31 December 2026.

(2) The ministry responsible for territory planning, urbanism and construction may issue orders, methodological norms, methodologies, procedures, instructions, guides and other acts of a technical, interpretative or administrative nature necessary for the uniform application of this code, under the conditions provided by law.

Article 579 - Annexes to the Code

(1) Annexes no. 1-8 are an integral part of this code.

(2) Annex no. 1 to this code, entitled "Definition of terms used", is intended to supplement and clarify the provisions of this code and must be interpreted in accordance with its provisions.

Article 580 - Time limits

The time limits provided by this code shall be calculated in accordance with the provisions of art. 599 of Government Emergency Ordinance no. 57/2019 on the Administrative Code, as subsequently amended and supplemented, with the exceptions expressly provided by this code.

Article 581 - Supplementation with common law

(1) The provisions of this code are supplemented by the provisions of the Administrative Code, Government Emergency Ordinance no. 57/2019, as subsequently amended and supplemented, Law no. 554/2004 on Administrative Litigation, as subsequently amended and supplemented, Law no. 134/2010 on the Code of Civil Procedure, republished, as subsequently amended, and Law no. 287/2009 on the Civil Code, republished, as subsequently amended and supplemented, as well as by other applicable normative acts in this matter, to the extent that their provisions do not contradict the provisions of this code.

(2) If the competencies regarding the detection and sanctioning of contraventions are modified under the conditions of this code, within 90 days from the entry into force of this code, the authorities receiving the competencies are obliged to revise their regulations on organization and functioning in order to assume the attributions and obligations provided for under this code.

(3) In the application of the provisions of this code, the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, as subsequently amended and supplemented, are not applicable.

(4) The provisions of this code are supplemented by the provisions of Law no. 214/2024 on the use of electronic signatures, time stamps and the provision of trust services based on them, Law no. 242/2022 on data exchange between IT systems and the creation of the National Interoperability Platform, Law no. 179/2022 on open data and the reuse of information from the public sector, 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, Regulation (EU) no. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive no. 1999/93/EC, and Law no. 135/2007 on the archiving of electronic documents, republished, as subsequently amended and supplemented.

Article 582 - Procedures initiated before the entry into force of this code

(1) Procedures concerning the elaboration, approval and authorization of urban planning and territorial development documentation, initiated before the entry into force of this code, remain subject to the legal provisions in force at the date of their initiation.

(2) By way of exception to para. (1), for obtaining approvals that have not yet been obtained, the approval procedure may be continued in a simplified manner through the analysis of documentation in integrated approval commissions, taking into account approvals already obtained that retain their validity.

(3) After the entry into force of this code, local public administration authorities shall initiate procedures for the preparation of territorial development documentation and general urban planning in GIS format and supplemented with the content elements additionally provided for by this code.

(4) Urban certificates issued before the entry into force of this code retain their validity, and construction/demolition permits shall be issued by the competent public administration authorities from the date of issuance of the respective urban certificates or by the competent public administration authorities under the current code, based on the approvals requested through the urban certificates to be issued in accordance with the legal provisions in force at the date of issuance of the urban certificates.

(5) If the competencies for issuing the construction/demolition permit are modified under the conditions of this code, in the interval elapsed from the issuance of the urban certificate until the request for issuance of the construction/demolition permit, the public authority receiving the competencies for issuance shall issue the construction/demolition permit based on the already issued urban certificate, which is valid, if the applicant has not applied to the public authority competent to issue it under the law in force at the date of issuance of the urban certificate.

(6) For the purposes of para. (1), the date of initiation of the procedure is the date on which the administrative act on the basis of which the procedure is initiated is brought to the knowledge of third parties.

Article 583 - Repeal of contrary legal provisions

(1) Government decisions in force adopted under the normative acts repealed as a result of the entry into force of this code are applicable until the entry into force of Government decisions having the same subject matter of regulation and which will be adopted by the Government under the provisions of this code.

(2) The provisions of Government decisions provided for in para. (1) are applicable accordingly in situations where they do not contradict the provisions of this code.

(3) From the date of entry into force of this code, in all cases where special laws or other normative acts refer to provisions repealed or amended by this code, the reference is deemed to be made to this code.

(4) Within 120 days from the publication in the Official Gazette of Romania, Part I, of this code, all authorities or entities issuing approvals, agreements and permits in the field of urban planning and construction that have norms and procedures issued in relation to Law no. 350/2001, Law no. 50/1991 and Law no. 10/1995 shall update their procedures in accordance with this code.

(5) Any other provisions contrary to this code are hereby repealed.

Article 584 - Provisions regarding the transfer of certain competencies and attributions between the local public administration authorities of Bucharest Municipality, in the application of the results of the local referendum in 2024

(1) Starting from 1 November 2028, within the specialized apparatus of the General Mayor of Bucharest Municipality, the general directorate responsible for the field of territorial development and urban planning is reorganized and operates, headed by the Chief Architect of Bucharest Municipality, assisted by 7 Deputy Chief Architects whose attributions are established by order of the General Mayor.

(2) From the date provided in paragraph (1), the competencies and attributions provided in articles 132 and 134, exercised by the sector mayors and the specialized structures within their specialized apparatus, are transferred to the general mayor of Bucharest Municipality and the specialized structure within the specialized apparatus of the latter, provided in paragraph (1).

(3) In order to implement the provisions of this article, by July 1, 2027, the normative and administrative acts of a normative character necessary shall be adopted, including the Government decision initiated by the Ministry of Development, Public Works and Administration, through which the modality of organizing and carrying out the transfer of competencies, attributions, personnel, assets, databases and archives, in physical and electronic format, shall be established, as well as the measures necessary to ensure the continuity of administrative activity, including the budgetary impact and investments necessary for the implementation of this article.

(4) When preparing the local budget for 2028, Bucharest Municipality has the obligation to provide the necessary sums for the organization and functioning of the general directorate responsible for the field of territorial planning and urbanism starting from the date provided in paragraph (1).

(5) The requests, applications and administrative procedures pending resolution on the date provided in paragraph (1), as well as the documentation related to them shall be handed over to the competent authority according to this article, which shall continue their resolution without restarting the administrative procedures and in compliance with the deadlines provided by law.

This law was adopted by the Parliament of Romania, in compliance with the provisions of art. 75 and art. 76 paragraph (1) of the Constitution of Romania, republished.

p.

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PRESIDENT OF THE CHAMBER OF DEPUTIES,

NATALIA-ELENA INTOTERO

p.

PRESIDENT OF THE SENATE,

LAURENȚIU PLĂEȘU

București, 5 August 2026.

No. 169.

Annex No. 1

DEFINITION OF TERMS USED

Roof

functional-constructive subassembly formed of construction elements and structural and non-structural components, realized with the purpose of closing and protecting the building at its upper part, above the last built level, against the actions of environmental factors

The roof can be realized in slope, with slopes - pitched roof type, or can be realized horizontally - flat roof type. Pitched roofs are made of roofing supported by a pitched roof structure.

Technical approval in construction

favorable technical assessment, materialized in a written document, on the suitability for use in accordance with the fundamental requirements applicable to constructions of certain products or sets, which are not subject to a technical specification

Alignment

the boundary between private property and public domain

Building alignment

The line on which the building facades are arranged towards the street and which may coincide with the alignment or may be set back from it, according to the provisions of the local urbanism regulation

In case of mandatory withdrawal of buildings from the alignment, the space between the alignment and the building alignment is non-building, with the exception of fences, accesses, waste collection platforms and terraces raised by at most 0.45 meters from the ground level in the situation prior to earthwork.

Farm buildings

permanent or temporary constructions located in the courtyard of individual farms that serve activities specific and complementary to dwelling

In the category of farm buildings, usually in rural areas, are included: summer kitchens, stables for large animals, sheds, warehouses, storage facilities, garages, greenhouses, conservatories, swimming pools and other constructions complementary to dwelling.

Farm annexes

temporary constructions with single-story height regime, with a maximum area of 200 sqm, used by agricultural workers, located in isolated areas outside the town limits, intended to shelter agricultural machinery, equipment, small workshops, tools, other goods of theirs, including animals

In rural areas, temporary spaces for temporary accommodation during agricultural campaigns may also constitute annexes to agricultural farms.

Approval

the option of the deliberative body of the competent authorities to approve the proposals contained in the submitted documentation and supported by favorable technical opinions, issued in advance

Informal settlement

grouping of minimum 3 units intended for dwelling developed spontaneously, occupied by persons or families who are part of vulnerable groups defined according to the Social Assistance Law No. 292/2011, as subsequently amended and supplemented, and who have no property rights over the properties they occupy

Attic

constructive element realized above the cornice of a building, usually realized in the same plane as the facade, having either an architectural role or a role of masking the attic, mansard

In the case of flat roof type, the attic is the terrace parapet.

Approval

the procedure of analysis and expression of the official point of view of a technical commission within the structure of ministries, public administration authorities, institutions under their subordination/authority or other designated central or territorial bodies, in relation to approval competencies

Approval is materialized in an act, as the case may be, favorable, conditional or unfavorable opinion, with technical and mandatory character.

Conforming opinion

the opinion that the entity adopting or issuing an administrative act is obliged, according to the law, to request from a certain public authority and which, when issuing the act, is obliged to respect

Integrated approval at central/county/local level

approval issued by the competent authority at central/county/local level, based on the analysis and signature by each member of the national/county/local integrated approval commission of territorial planning and urbanism documentation

Within the integrated approval, the specific conditions formulated by each member of the commission are included, based on the specific analysis of the field.

Single approval

the act with the value of conformity approval, issued by the Unique Agreement Commission under the chief architect, summing up the favorable approvals and agreements expressed through technical sheets for urban utilities, as well as those regarding fire prevention and extinguishing, civil protection, environmental protection and public health, obtained at local level through the care of local authorities

Based on the unique agreement, the construction/demolition authorization can be issued.

Location permit

permit issued by the local public administration authority to establish the conditions for location based on local regulations approved for constructions or arrangements that are not subject to authorization

Authorities supervising the market for construction products

Central public administration authorities responsible, according to the law, for state control regarding the uniform application of legal provisions on construction quality and supervision of the market for construction products

Balcony

open architectural element, covered or uncovered, realized in cantilever from the plane of the façade and ensuring direct communication between the interior spaces of a building and the exterior

Depending on the specific characteristics of the area and only if specified by the local urban planning regulation, balconies in cantilever over the public space of the sidewalk are accepted.

Interior part of a performance hall or conference hall, located above the ground floor.

Beneficiary of national interest transport infrastructure

unit under the subordination/authority of the ministry responsible for transport, with responsibilities regarding the development and management of national interest transport infrastructure

Territorial balance sheet

table, presented in synthetic form, in absolute values and percentages, which presents the division of the territory of the administrative-territorial unit into zones and functional subzones

The territorial balance sheet is drawn up within urban planning documentation and serves to establish the ratio between the existing and proposed situation of the territory.

Bay window

window of large dimensions, prominent in the plane of the façade, following a curved or polygonal plan and thus facilitating a greater angle of visibility over the exterior

Depending on the specific characteristics of the area and only if specified by the local urban planning regulation, bay windows on the upper floors of buildings, in cantilever over the public space of the sidewalk, are accepted.

Directive character

the quality of an approved territorial arrangement or urban planning documentation to establish the general framework for territorial arrangement and urban development of localities, through the coordination of specific actions

Directive character is specific to territorial arrangement documentation.

Regulatory character

the quality of an approved territorial arrangement or urban planning documentation to impose certain parameters of the promoted solutions and/or implementation standards, with mandatory character. Regulatory character is specific to urban planning documentation.

Building

assembly of spaces with specified functions, delimited by construction elements that constitute the building envelope, including its related installations

The building may be situated above ground and/or below ground level, may have one or more rooms that can serve to shelter people, sports activities, animals, objects, products, materials, installations, equipment and the like, regardless of the materials from which they are constructed.

Consolidation

strengthening of the load-bearing capacity of any structural component of a building with the aim of improving the structural behavior under different types of actions

If, during consolidation works, it is necessary to replace certain constructive elements, these will be expressly marked as demolished in the technical documentation from the building authorization.

Ridge

delimitation located at the upper level of roofs, horizontal, inclined or curved, resulting from the termination of a slope, the intersection of two slopes or of a slope with a vertical constructive element

Land utilization coefficient (CUT)

CUT is the indicator regarding the maximum building density established within a reference territorial unit - UTR and is determined by the ratio between the proposed built-up area and the plot area, with the exceptions provided by this code.

The maximum value of CUT established by PUG for the reference UTRs may be modified in a justified manner, within the limits of the law, only through the elaboration and approval of urban planning documentation under the conditions of this code.

The CUT value established by PUG for a UTR is a maximum value that can be achieved only with the cumulative respect of all urban planning requirements.

The built-up area taken into account in determining CUT is the sum of the built-up area of all levels, measured at the exterior of the façade closures from which the following are deducted:

1. areas of spaces with interior free height less than 1.80 m;

2. areas related to parking spaces located in basement or semi-basement, including access ramps, maneuvering spaces and functional annexes;

3. areas related to technical spaces necessary for the operation of buildings located in basement;

4. built-up area of the technical floor, provided that its total area does not exceed 50% of the area of the last level;

5. areas intended for civil protection shelters;

6. areas of non-convertible attics;

7. areas of interior courtyards and access gangways to them;

8. areas of circulable and non-circulable uncovered terraces and cantilever canopies;

9. areas of external site facilities, such as pedestrian or vehicular access paths, protective sidewalks, external access stairs to ground floor, basement and sub-basement levels, open fire escape stairs;

10. areas of external balconies and open loggias;

11. areas of uncovered outdoor swimming pools, uncovered sports grounds;

12. areas of street furniture, pergolas, bicycle racks, fencing;

13. areas of waste collection platforms, with related equipment;

14. areas of electric charging stations, photovoltaic panels, as well as payment machines.

Construction

building, civil engineering work or special construction work, namely any civil engineering work, including related installations and systems, whose implementation consists of any structure fixed in or on the ground, designed and executed to fulfil or maintain technical, economic, social or ecological functions, regardless of specifics, importance, category and class of consequences, excluding equipment, machinery and related technological and functional installations

Temporary constructions

construction authorized as such, regardless of the nature of materials used, which, due to the specifics of the function it houses or due to urban planning requirements imposed by the public authority, has a limited duration of existence, specified also in the building permit

As a rule, they are made from materials and assemblies that allow rapid dismantling in order to restore the land to its initial state, namely metal fittings, timber pieces, plastic materials or similar items, which are of reduced dimensions. Temporary constructions include: kiosks, small structures, cabins, exhibition spaces located on public roads and in public spaces, display structures and panels, signs and advertisements, canopies, pergolas, secured boxes intended for delivery services, commercial trailers or similar.

Construction with special character

constructions, facilities 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 defence, public order and national security, held in any capacity by these institutions

Existing construction

construction for which acceptance upon completion of works has been approved or construction which has been registered in the land register as a result of the fulfilment of prescription periods

Unfinished construction

construction in various stages of execution for which execution of works and acceptance upon completion have been suspended and whose completion implies remaining work to be executed, both physically and in value

Ecological continuities

forest areas with a long and uninterrupted presence, in continuity, often associated with high biodiversity and specialized habitat

Cornice

architectural element in the upper exterior plane of the wall of a construction, either ornamental or serving to support the roof and prevent rainwater from running down the façade of buildings

Spatial data

any data having a direct or indirect connection with a specific location or geographic area

Semi-basement

built level of the construction, having a floor situated below the ground level or the surrounding road level by at most half of its free height, but not less than one third, so that windows can be included on the above-ground height of the external walls

To the extent that the construction is not bordered by a vehicular circulation, the floor level shall be reported to the lowest level of the external contour of the level projected on the ground before systematization.

The basement is included in the number of above-ground levels of the building.

The basement may also house residential function, if the specific regulated conditions are met, including the minimum level of sunlight and lighting.

Execution details

technical documentation comprising graphic representations made at scales 1:2, 1:5, 1:10, 1:20 or, as appropriate, at other graphic scales, depending on drafting requirements, as well as written parts for explaining graphic representations, prepared on the basis of the technical execution project and in strict compliance with its provisions, which detail the technical solutions for composition, assembly, execution, installation and other similar operations concerning parts/elements of construction or related installations and which indicate dimensions, materials, execution technologies, as well as connections between structural/non-structural constructive elements of the investment objective

General budget

document comprising the evaluation of all expenses necessary for the implementation and commissioning of the entire investment objective, for obtaining and preparing land, including expropriations and demolitions, design, studies, verification, technical assistance and site management, execution of constructions and installations, equipment and furnishings, performance of laboratory tests, laboratory trials and staff training, site organization, fees

Sustainable development

meeting the needs of the present, without compromising the right of future generations to existence and development

Balanced development

prevention of the formation of territorial disparities, reduction of existing ones and limitation of differences in territorial development, through territorial planning and urban planning activities

Integrated multicriterial diagnosis

component part of territorial planning and urban planning documentation which involves the evaluation and analysis of a set of multiple criteria to determine the current state and needs of a given territory or urban area. It is based on the collection and analysis of data from different sources, such as statistical data, public opinion surveys, geospatial information and other relevant sources. The integrated multicriterial diagnosis focuses on identifying problems and opportunities for territorial development and provides a solid basis for developing urban planning strategies and public policies.

Site disposition

rectification of technical documentation on the basis of which the issuing authority may approve local modifications of technical solutions from the authorized technical documentation, without issuing a new building permit, when:

a) the function recorded in the initial permit is not modified;

b) compliance with the provisions of the opinions/approvals/point of view of the competent authority for environmental protection, as well as of its administrative act, as appropriate, attached to the initial permit, is ensured;

c) compliance with applicable urban planning documentation is ensured, namely the provisions of Law no. 287/2009, republished, with subsequent amendments and additions;

d) site conditions, height regime, FAR, CAR, alignment, minimum distances from property boundaries or building appearance are not modified;

e) the resistance and stability of neighbouring buildings are not endangered;

f) compliance with technical regulations in the field of fire safety is ensured;

g) energy efficiency is ensured.

The site layout is prepared by the project designer, with verification, under the conditions of this code, of its content, as well as with the written consent of the beneficiary/investor/administrator/project manager, as applicable.

Technical Documentation

documentation including all documents, designs, approvals, agreements, titles submitted by the authorization applicant to the competent issuing authorities for the purpose of obtaining the construction, intervention, development or demolition authorization

Right to Execute Construction Works

the right over the construction and/or land which confers upon the holder the right to obtain, in accordance with the law, from the competent authority the construction/demolition authorization

Right of Signature

the right which implies the assumption by an architect, supervising architect, interior architect or urban planner of full professional responsibility for the studies or technical documentation which they coordinate, prepare and sign under the conditions of the law.

The right of signature for architectural design is granted by the Order of Architects of Romania, in accordance with applicable legislation, and is attested by the registration of the architect beneficiary of the right in the National Register of Architects. The right of signature for urban and territorial planning activities and urban design is granted by the Register of Urban Planners of Romania, in accordance with applicable legislation, and is attested by the registration of the specialist in the National Register of Urban Planners.

Public Road

a road of public utility and/or public interest intended for vehicular and pedestrian traffic, for the purpose of meeting general transport requirements of the economy, population and national defence

Private Road

a road of private utility dimensioned in accordance with the provisions of urban planning regulations and applicable standards to ensure vehicular and pedestrian traffic in good conditions and access for emergency intervention vehicles

Building Durability

the time interval during which the building retains all characteristics of its normal functioning

Circular Economy

a model of production and consumption which involves shared use, leasing, reuse, repair, renovation and recycling of existing materials and products for as long as possible

Buildable area

the perimeter resulting from urban planning limits and prohibitions regarding mandatory setbacks, within which building placement is possible. The space between the buildable area and the property boundary is a non-building zone, except for fencing, accesses and terraces raised by at most 0.40 m above the ground level from the situation prior to earthwork

Floor

the space between two consecutive above-ground floors of the building

Determining phase

the physical stage at which a construction work, once reached, cannot continue without the written consent of the beneficiary, designer and construction contractor, established by the designer through the control programme

Labour Force

in the execution of construction works, both unskilled and skilled labour is involved, with personnel qualification taking place at the workplace and/or through professional training courses, under the conditions of the law

Supplier

a person who ensures the delivery of materials, prefabricated construction systems, equipment and machinery necessary for the execution of the work and, where applicable, their installation

Depending on the complexity of the services provided, the supplier may be: a general supplier or a specialist supplier.

INSPIRE Geoportal

a web page or equivalent that allows access to services for creating, operating and maintaining spatial data sets and services for which metadata has been created, defined in accordance with special legislation

GIS

a geographic information system, consisting of tools for collecting, storing, editing, characterizing, visualizing, analyzing, publishing and downloading georeferenced data sets

Rural household

a specific rural ensemble consisting of a single-family dwelling, its farm outbuildings, the associated courtyard and garden, positioned in accordance with the rural architectural specifics of the area

Within this code, the single-family dwelling associated with a rural household represents a building with a maximum height regime of P + 1 and a maximum built area of 150 sqm, respectively farm outbuildings which have a subordinate size to it, located on a plot with a minimum area of 1,000 sqm situated in a rural setting.

Urban indicators

specific urban planning working tools for controlling the design and sustainable development of urban areas, namely FAR, CAR and height regime - detailing the number of basement and above-ground levels and the maximum height allowed at the cornice - or the upper limit of the terrace parapet

If a new building is erected on land containing a building not intended for demolition, the urban indicators are determined by adding the built area/built area of the existing building to those of the proposed building.

If a new building is erected on a part of land subdivided from an already built land, the urban indicators are calculated in relation to the entire initial land, by adding the built area/built area of the existing building to those of the proposed building.

In the case of energy renovation works on existing buildings, if as a result of the envelope rehabilitation action through the addition of thermal insulation materials or thermal systems the admitted urban indicators are exceeded, the preparation and approval of a PUZ type documentation is not necessary.

Transport Infrastructure of National Interest

all structures - engineering works and buildings, installations and equipment, other arrangements necessary for the safe operation of freight and/or passenger transport and which constitute the national transport network

National Infrastructure for Spatial Information in Romania (INIS)

the geoportal through which Romania contributes to the implementation of the Infrastructure for Spatial Information in the European Union - INSPIRE

Green-blue infrastructure

green network containing land surfaces - forests, meadows, parks, gardens, continuous green strips, gardens, green roofs, and blue network containing water - swimming pools, ponds, artificial basins, natural watercourses, planned and composed of natural and semi-natural surfaces that improve environmental conditions and provide a varied range of ecosystem services, such as water purification, air quality, recreational spaces, climate improvement

Non-building restriction (non aedificandi)

urban planning rule according to which, in a strictly delimited area, for reasons of sustainable urban development, the issuance of building permits is prohibited, permanently or temporarily, regardless of the property regime or proposed function

Interior architecture interventions

those interventions carried out in the interior spaces of a building, namely spaces enclosed perimetrically with walls and covered with slabs, roof trusses or other covering systems

Building installations

all equipment that provides the utilities necessary for the operation of buildings, located within the property boundary, from the connection point to users, regardless of whether they are incorporated into the building or not

Building installations are authorized together with the building or, as appropriate, separately.

Fencing

permanent or temporary structures designed to delimit surfaces, areas or plots over which forms of property exist, executed for protection against intrusions, made from various materials: concrete, brick, stone, wood, metal, including barbed wire stretched on rolls or through specific plantations

Building height

dimension in the plane of the façade measured in meters, from the level of the existing natural ground, prior to systematization works, from its lowest point to the level of the eaves/cornice or to the highest constructive element, as appropriate

Building height may be:

1. total height, measured to the highest element of the building, namely the ridge of the pitched roof or constructive elements that exceed the level of the horizontal roof, respectively the terrace of the building in question. Communication equipment such as antennas, chimneys or individual decorative elements are excluded;

2. façade height which is measured to the level of the eaves/cornice in the case of a pitched roof or to the upper level of the attic/cornice in the case of a horizontal/terrace roof.

Coastline

the boundary resulting from joining the points where water is in contact with land

Shoreline

the natural boundary of sand, gravel, rocks, cliffs, reeds, marsh or wetland areas at the seashore, located behind the coastline, in the direction of land or at the base of the cliff

Locality

a form of stable settlement of the population in territory, constituting a nucleus of human life, with structures and sizes varying according to the specifics of the dominant production activities of the inhabitants, the characteristics of administrative-territorial organization, the number of inhabitants, the character of the built environment, the degree of social-cultural provision and technical-utility equipment

Rural locality - village

a locality in which:

a) the majority of the workforce is concentrated in agriculture, forestry, fishing, offering a specific and viable way of life for its inhabitants, and which through modernization policies will maintain its rural character in the future;

b) the majority of the workforce is in fields other than agriculture, forestry, fisheries, but which currently offers insufficient provision necessary for it to be declared a city and which, through equipment and modernization policies, may evolve towards urban-type localities.

Urban locality

a locality in which the majority of labor resources are employed in non-agricultural activities, with a diversified level of provision and equipment, exercising a constant and significant socioeconomic influence on the surrounding area

Loggia

an open and covered space, located at an upper floor, obtained by setback in relation to the façade plane and offering a good perspective over the surrounding environment, with a recreational function continuing the interior spaces

In old Romanian architecture it corresponds to porches and pavilions.

Dormer

a small, vertical window arranged in the roofs of buildings

Construction works

specific operations through which construction works and/or demolition works are carried out

Demolition works

works that involve operations of demolition, dismantling, disassembly or partial or total destruction of a building or group of buildings and building installations, technological installations and equipment, including their supporting construction elements, closure of quarries and surface and underground operations, following their decommissioning, in order to initiate intervention works for renovation/refunctioning or in order to completely clear the land for another use

Routine and periodic maintenance works on transport infrastructure

periodic maintenance works and current repairs that do not require a general project and budget, which are executed periodically or continuously on constructive elements that have a service life shorter than the entire rated duration of building operation, in order to maintain buildings and installations in appropriate technical conditions for continuous, comfortable and fully safe operation of traffic, at the level of prospective traffic provided in the project

The standard operating life of a building is considered the period from the commissioning of a new building until the first major repair, rehabilitation, modernization, or between two major repairs, rehabilitations, or modernizations.

Railway transport infrastructure maintenance works

intervention works aimed at maintaining and/or repairing railway transport infrastructure in order to preserve the condition and capacity of existing infrastructure and which include:

a) works for the sequential replacement of superstructure elements of the track, namely the rail-sleeper assembly, track devices, fastening elements and ballast, level crossing elements, which are executed at the same location, without modifying the position of the track in plan;

b) works for the replacement of elements of specific railway installations for signalling, safety, electronic or technological communications, such as, without limitation to: (i) fixed safety installations and operational management of railway traffic, related to railway lines belonging to public railway infrastructure; (ii) safety equipment and installations for traffic and shunting activities in railway network yards; (iii) fixed railway electronic communications networks; (iv) fixed traction installations, namely power supply, contact line, protection of installations in the track and vicinity.

Public works

those investments in new construction works or interventions on existing buildings, as well as engineering structures that meet at least one of the following criteria:

a) the expenses necessary to carry out the investment objective are financed in whole or in part from public funds;

b) the beneficiary of the works or the holder of the building or demolition permit is a public authority, institution or entity under public control;

c) the term construction includes both civil and industrial buildings and engineering structures, technical-utility, transport, energy, hydroelectric, agricultural or environmental protection infrastructures, as well as installations related to them.

Works assimilated to public works means those activities of design, construction, rehabilitation, modernization, extension, restoration or maintenance of buildings carried out by natural or legal persons under private law, financed in whole or in part from public funds, including non-reimbursable European funds, which are intended to provide a public service.

Urbanization macrozones

territorial delimitations with strategic character, established at the level of land outside the town limits, through urban planning documentation, having the role of guiding and coordinating future urban development, by indicating the areas in which the extension of the town limits can be carried out, under controlled and phased conditions

Attic

functional space built or arranged in the volume of the building's roof, above the last floor of the building and which ensures compliance with safety, protection and comfort requirements corresponding to the specific use

The clear height of the surfaces considered useful in the attic is 1.90 m, also determining the calculation of the usable area of the attic.

The attic thus arranged is included in the number of levels of the building, and the usable built-up area is included in the CUT calculation.

If, as a result of the attic conversion of an existing roof without modifying the geometry, the permitted CUT indicator is exceeded, it is not necessary to prepare and approve a PUZ type documentation.

The attic can also be created by designing an attic space in existing buildings, partially or completely modifying the roof structure or by adding a single attic level above an existing terrace.

The attic thus arranged is included in the number of levels of the building, and the usable built-up area is included in the CUT calculation.

The intervention of adding a level through attic conversion is carried out only after obtaining a building permit.

The attic can be created by designing and executing attics together with the building.

The operation of providing new attics or extension through attic conversion can only be carried out where the local urban planning regulations permit it.

User manual - operating specifications

the document that establishes the minimum requirements and obligations regarding the operation of the building under conditions that ensure the functional requirements of the building throughout its operating life

Mezzanine

level located between the ground floor and the first floor which differs from the others by lower height and by the absence of balconies or loggias

The mezzanine is included in the CUT calculation and in the number of levels.

Street furniture

functional and/or decorative elements placed in public spaces which, through their composition, appearance, placement, give a distinctive character to the area or locality

By their nature, street furniture pieces are assimilated to buildings if their placement is done through structural connection to the ground, namely foundations, concrete platforms, connections to urban utilities, with the exception of electricity, requiring the issuance of a building permit. Street furniture includes: planters, lamp posts, benches, basins, artesian or decorative fountains, decorative pavements, pergolas, telephone booths and similar items.

Design change

any change initiated by the beneficiary which concerns the functions and/or functional capacities characteristic, authorized volumetry and/or location and other similar requirements that formed the basis for the preparation of the project for authorizing the execution of building/demolition works, which formed the basis for the issuance of the building permit and which modifies the urban planning parameters of the authorized project

Public monuments

immovable property, works of plastic art, monumental art, non-utilitarian buildings or arrangements, having a decorative, commemorative and signalling character, located in public spaces, in a protection zone, on land in the public or private domain of the state or administrative-territorial units

Level

the space comprised between two consecutive floors of a building, underground or above ground

Technical level

specially constructed space in which exclusively installations, equipment, machinery and/or apparatus related to them are placed, for the optimal functioning of the building in relation to its intended use

Depending on the location of the technical level, it can be above ground or underground. The maximum permitted clear height of the above-ground technical level is 2 m.

The technical level is added or not to the maximum number of levels of the building, depending on the specification in the local urban planning regulations.

The built-up area of the technical level is not included in the FAR calculation, provided that its total area does not exceed 50% of the area of the last level, in the case of a technical floor.

Partial or total transformation of areas belonging to the technical level into dwellings, office spaces, spaces for professional, commercial, craft, industrial activities or other functions is prohibited without obtaining a new building permit.

Investment object

part of the investment objective, with distinct functionality within its assembly

Investment objective

the expected result of investing capital over a limited period, as a result of implementing one or more investment objects, located on a distinct delimited site, which meets the requirements formulated by the developer; the term 'investment objective' includes, as appropriate, the new investment objective, the mixed investment objective or intervention on existing construction.

Polarizing city

city around which a peri-urban zone is formed, directly influencing the evolution of neighbouring localities, being the most developed administrative-territorial unit within the peri-urban zone from the perspective of economic activities, supply of agri-food products, access to social and commercial facilities, equipment with infrastructure elements and arrangements for rest, recreation and tourism

15-minute city

The concept of 'urban proximity model' defines the quality of urban life inversely proportional to the time invested in transport/commuting and advocates for an urban configuration that pursues components such as proximity, diversity and density, in which residents can access, in no more than 15 minutes on foot or by bicycle, seven essential urban social functions to support a decent urban life: housing, work, commerce, healthcare, education, green spaces and entertainment.

Notified Body for assessment of conformity of construction products

body that assesses construction products in accordance with a non-harmonised technical specification and which issues certificates of conformity or test reports, in compliance with the requirements of that technical specification

Notified Body for assessment and verification of constancy of performance of construction products

product certification body, factory production control certification body or laboratory notified in accordance with Chapter VII of Regulation (EU) No 305/2011 that assesses the performance of the construction product and verifies the constancy of its performance in accordance with a harmonised technical specification

Site organisation

the totality of arrangements, constructions, installations, spaces, objects and expenses necessary to create conditions for efficient use of fixed assets, provision of utilities necessary for personnel and equipment of construction-assembly units, in order to carry out in a planned, timely and efficient manner the activities that are the subject of the execution contract

Underground parking

construction with one or more levels, arranged below ground level and intended for vehicle parking

Underground parking can be closed with perimeter walls and slabs or open perimetrally.

Ground floor

the level of the building that provides the main access to the building from a public circulation or from the arranged ground level, being usually the lowest above-ground level of the building or the first level above the basement/semi-basement

It is the level conventionally called zero level, marked ±0.00, from which the upper and lower levels of the building are developed, regardless of their function and use.

Archaeological heritage

the set of archaeological assets which is formed by:

1. archaeological sites registered in the National Archaeological Repertoire, with the exception of those destroyed or lost, and sites classified in the List of Historical Monuments, located above ground, underground or underwater, which include archaeological remains: settlements, necropolises, structures, constructions, groups of buildings, as well as land with identified archaeological potential, defined according to the law;

2. movable assets, objects or traces of human manifestations, together with the land in which they were discovered.

Natural heritage

the set of physical-geographical, floristic, faunistic and biocoenotic components and structures of the natural environment, whose importance and ecological, economic, scientific, biogenic, landscape and recreational value have relevant significance in terms of conservation of floristic and faunistic biological diversity, functional integrity of ecosystems, conservation of genetic, plant and animal heritage, as well as for meeting the requirements of life, well-being, culture and civilisation of present and future generations

Pergola

light construction in a park, garden or arranged on the terrace of a building, formed by a network of beams and vertical support elements, made of wood or metal, on which climbing plants are grown or which are covered with light retractable awnings

Pergola areas are not included in the FAR and LOT calculation, except where the local urban planning regulation provides otherwise.

Beach

portion of land with a slope inclined towards the water level, situated along marine or lacustrine shores, formed in coastal sectors by deposits of sand and gravel

Management plan of the protected natural area

the document that describes and evaluates the current situation of the protected natural area, defines the objectives, specifies the necessary conservation actions and regulates the activities that can be carried out on the territory of the areas, in accordance with the management objectives

Attic (as an architectural element)

passable or non-passable space between the last floor slab of the building and the roof, which does not include functions other than storage

It has, over more than 75% of its area, either a maximum free height of less than 1.90 m, or does not have a permanent access arranged through a fixed staircase.

The attic is not included in the number of levels and its area is not taken into the FAR calculation.

Land Occupation Percentage (LOT)

the ratio between the built-up area of the building and the area of the plot, expressed as a percentage

In determining the land occupation percentage, the built-up area taken into account represents the projection on the ground of the building volume, namely the footprint at ground level, and, as appropriate, the projection on the ground of built elements that exceed this footprint, including cantilevered floors, balconies and other permanent constructive elements:

1. areas of uncovered terraces on the ground floor that exceed the facade plane, platforms, external access stairs at the level of the ground floor, basement and sub-basement, open fire escape stairs;

2. areas of external enclosure arrangements, such as pedestrian or vehicular access paths, protective sidewalks, parking spaces arranged at ground level, uncovered, interior courtyards;

3. areas of uncovered outdoor swimming pools and uncovered sports fields;

4. areas of playgrounds with their associated equipment;

5. areas of street furniture, pergolas, cantilever canopies, bicycle racks, fencing;

6. areas of waste collection platforms with their associated equipment;

7. areas of electric charging stations, photovoltaic panels, payment machines;

8. areas occupied by temporary structures (food truck etc.) for a maximum period of 6 months.

When calculating the percentage of land occupation for green space arrangements, the built area includes the footprint of buildings at ground level, installations, platforms, as well as vehicular and pedestrian circulation areas.

Actual executed project (as-built)

updated technical execution project as of the date of completion of works

Reception report on the physical stage of execution

the act by which the developer or beneficiary, as the case may be, under justified conditions, takes over from the construction contractor part of the construction at a certain physical stage of execution, which does not meet the conditions for partial reception

Reception report upon completion of works

the act by which the developer/beneficiary takes over the work and certifies that the construction contractor has fulfilled its obligations in accordance with the contract provisions and execution documentation

Partial reception report

the act by which the developer/beneficiary, in the case of engineering works and for at least one section, in the case of buildings, takes over parts/objects/sectors/sections of construction, included in the building/demolition permit, if these are distinct/independent from a physical and functional point of view

The partial reception report may be a partial reception report upon completion of works and a final partial reception report

Control program

a component of the project through which verification stages are established by domains and categories of works in accordance with specific technical regulations, including determining phases, necessary to ensure the achievement of specified requirements

Project for building authorization (PAC)

the project prepared for the issuance of a building permit, developed by specialized technical teams according to the specifics of the work, endorsed and signed by technical staff with higher education in the fields of architecture, urban planning, construction and building installations. It is prohibited for projects to be endorsed by persons other than those who developed them.

Project for demolition authorization (PAD)

the project prepared for the issuance of a demolition permit, hereinafter referred to as PAD, developed by specialized technical teams according to the specifics of the work, endorsed and signed by technical staff with higher education in the fields of architecture, urban planning, construction and building installations

Technical execution project

the technical and economic documentation, namely written and drawn parts, prepared in accordance with the law, which develops the PAC, respecting the conditions imposed by the building permit, as well as by the opinions, approvals and administrative act of the competent public authority for environmental protection, annexed to the building permit

The technical execution project includes the technical and economic solutions for the implementation of the investment objective, on the basis of which the authorized construction works are executed.

The opinion of the competent public authority for environmental protection

the document issued by the competent public authority for environmental protection after the initial assessment stage, respectively after the stage of classifying the investment in the environmental impact assessment procedure

Partial reception of authorized works

reception carried out for parts/objects/sectors/sections of construction, if these are distinct/independent from a physical and functional point of view

This can only be carried out in the case of engineering works and only for at least one section, in the case of buildings.

This is carried out in two stages, as follows: 1) partial reception upon completion of works; 2) final partial reception.

Reception on physical stage of execution

the taking over by the beneficiary/investor from the construction contractor of a part of the construction at a certain physical stage of execution of the construction, on the basis of a reception report on the physical stage of execution

Height regime

the maximum number of conventional above-ground levels that a building has or will have after construction, numbered starting with the ground floor level, respectively zero elevation

The height regime also includes the basement, attic and technical floor located above the last functional level.

The height regime represents a mandatory element of regulation in urban planning documentation and can be established as a maximum or minimum value.

Major repair

the complex of works executed on buildings, after the expiration of each operating cycle provided for in technical standards, and which aim to ensure the maintenance of their technical and economic characteristics throughout the standard duration

The restoration or renewal of all essential degraded components of a building to ensure a level of function similar to that before degradation

Current repairs

maintenance works on existing buildings and structures represent the set of operations, namely painting, varnishing, repair of insignificant parts carried out on an existing construction to ensure the continuity of its use, prevent rapid wear and extend its operating life

Natural Resources

geomorphological elements, climate, flora and fauna, landscapes, mineral deposits and other factors

Tourist Resources

components of the natural and anthropogenic environment which, by their qualities and specifics, are recognized, registered and developed through tourism, insofar as they are not subject to a regime of integral protection. Tourist resources can be natural and anthropogenic

Building Resilience

the capacity of a building to resist and suffer reduced consequences following adverse events

Risk

mathematical estimation of the probability of human and material losses occurring over a future reference period and in a given area for a specific type of disaster

SNAOPSN

represents the acronym for the National System of Defence, Public Order and National Security, which includes the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service, the Ministry of National Defence, the Ministry of Internal Affairs and the Ministry of Justice, through specialized internal structures, as well as the National Administration of State Reserves and Special Issues

Aeronautical Easement

conditions, restrictions, obligations imposed by national, European and/or international regulations in the interest of flight safety

Work Progress Report

the document prepared by the construction contractor, verified by the site manager and approved by the beneficiary, which certifies and records the production of executed works

Technical Space

a constructed space arranged in which installations, equipment and machinery and/or related apparatus are placed for the optimal functioning of the property in relation to its intended use

Spa Resort

a locality or area which has resources of mineral substances, scientifically proven and traditionally recognized as therapeutically effective, with specific facilities for treatment and which has an organization that allows the provision of spa medical assistance under appropriate conditions

Tourist Resort

a locality or part of a locality with specific tourist functions, in which economic activities primarily support the achievement of the tourist product

Eaves Line

the lower boundary of a slope surface, located at the lowest elevation of the slope

At this level, rainwater drainage/runoff occurs with free flow or with collection and direction through a gutter.

Basement

a level of the building having a floor situated below the level of the surrounding ground or roadway, with more than half of its height free

Insofar as the building is not bordered by a roadway, the floor level shall be measured against the lowest arranged ground level at the outer perimeter of the level. The basement may also be partial.

The basement is included in the number of underground levels of the building.

The basement may be used for:

1. sociocultural or commercial functions, storage functions, in which case the developed areas are included in the CUT calculation;

2. garages, including maneuvering spaces and access ramps, in which case the developed areas are not included in the CUT calculation;

3. technical spaces, in which case the developed area is not included in the CUT calculation;

4. in the case where technical spaces or those used for vehicle parking become usable for functions permitted at basement level, this is only done following the obtaining of a building permit for refunctioning, the developed area being considered in the CUT calculation, and for the new functions all regulated conditions must be met.

Technical Basements (or Technical Ducts)

basements with reduced height, used only for installation networks, accessible or not from ground level, are considered technical basements or technical ducts

Soffit

a solid intermediate floor, open on one or more sides to the room in which it is located

It constitutes a mezzanine level whose area is greater than 40% of that of the room in which it is located.

The mezzanine is taken into account when determining CUT and is not taken into account when determining the height regime.

Built Developed Area

the built developed area represents the sum of the developed areas of all levels measured at the exterior of the facade enclosures, with the exception of areas that are not included in the CUT calculation

Sustainability

the quality of an anthropogenic activity to be carried out without depleting available resources and without destroying the environment, respectively without compromising the ability to meet the needs of future generations with the resources they will have available at any given time

Walkable/Non-walkable terrace

Terraces are horizontal surfaces in direct contact with the exterior, which close a building at its upper part, ensuring water protection and the possibility of controlled water drainage, as well as thermal insulation for energy conservation

Terraces can be walkable, when pedestrian spaces can be arranged with appropriate floor finishes that protect and hide the insulation layers from view, ensuring public access to them. Non-walkable terraces are not provided with the finishes necessary for this function and do not allow public access, only occasional access for maintenance work.

Design brief

document that expresses the investment intentions and functional needs of the developer or investment beneficiary, highlighted in the supporting statement, determining the design concept for achieving the investment objective, based on the technical and general urban conditions of the site, protection of the natural environment and cultural heritage or other specific conditions of the investment objective

Administrative territory

area delimited by law, at levels of administrative organization of the territory: national, county and administrative-territorial units, namely municipality, city, commune

Built-up territory

the built and developed area of localities that make up the basic administrative-territorial unit, delimited by the approved general urban plan and within which the execution of constructions and arrangements can be authorized

Non-built-up territory

non-built-up territories are lands included outside the limit of built-up territories, established through general urban plans

Shoreline

the zone between the coastline and the shoreline

Administrative-territorial unit with very large natural and anthropogenic resources

administrative-territorial unit that has obtained over 25.00 points out of a maximum of 50 points awarded for tourist resources, according to the calculation methodology regulated by special law

Administrative-territorial unit with large natural and anthropogenic resources

administrative-territorial unit that has obtained between 14.00 and 24.99 points out of a maximum of 50 points awarded for tourist resources, according to the calculation methodology regulated by special law

Administrative-territorial unit with large and very large natural and anthropogenic resources that has problems with tourism-specific infrastructure

administrative-territorial unit that has obtained between 0.00 and 0.08 points out of a maximum of 20 points awarded for tourism-specific infrastructure, according to the calculation methodology regulated by special law

Administrative-territorial unit with large and very large natural and anthropogenic resources that has problems with technical infrastructure

administrative-territorial unit that has obtained between 0.00 and 11.00 points out of a maximum of 30 points awarded for technical infrastructure, according to the calculation methodology regulated by special law

Reference territorial unit

urban subdivision of the territory of the administrative-territorial unit, characterized by functional and morphological homogeneity from an urban and architectural point of view, with the aim of ensuring homogeneous urban regulation

UTR is delimited, as appropriate, based on relief and landscape with similar characteristics, unitary historical evolution in a certain period, parcel system and homogeneous building method, land uses and constructions of the same nature, similar legal regime of properties.

Ridge point

the upper point of the intersection of two or more slope surfaces or the point that forms the highest elevation of the generating slopes

Areas with pronounced urban dynamics

areas with pronounced urban dynamics refer to those territories characterized by rapid development, including significant population increases, strong urban concentrations, substantial investments in infrastructure and construction, as well as accelerated renewal of the built stock

Historic monument protection zone

zone delimited based on topographic, geographic or urban reference points, depending on the street layout, relief and characteristics of the historic monument, as appropriate, through which integrated conservation and enhancement of the historic monument and its built or natural setting are ensured

Protection zone

area delimited around immovable cultural heritage assets, archaeological heritage or natural heritage, subsurface resources, around or along waterfront fronts, infrastructure elements and in which legal limits of property rights and urban planning limits and prohibitions are established for the preservation and enhancement of these resources and heritage assets and the associated natural setting

Protection zones are established by specific normative acts, as well as by territorial planning or urban planning documentation.

Natural risk zone

geographically delimited area within which there is a potential for the occurrence of destructive natural phenomena that can affect the population, human activities, the natural and built environment and can cause damage and loss of life

Anthropogenic risk zone

geographically delimited area in which the intensity of the quantities characterizing technological and industrial risks, pollution risk, health risks and terrorist attack risk has high probabilities of being exceeded, necessarily leading to material damage and/or loss of human life

Functional zone

part of the territory of a locality in which, through territorial planning and urban planning documentation, the existing and future dominant function is determined

The functional zone can result from several parts with the same dominant function.

Periurban zone

the area situated around a city, over which it exercises a strong influence and to which it is linked through population displacement and economic activities

Special Purpose Zones

zones marked in approved urban planning documents with the symbol DS, owned or administered by institutions with responsibilities in defence, public order and national security

Protection Zone for Special Purpose Zones

land areas delimited within the administrative territory, generated by buildings with special functions or constructions of special character belonging to institutions from SNAOPSN, within which SNAOPSN institutes restrictions, urban servitudes and/or legal limits of private property rights in order to carry out in optimal conditions the specific activities of defence, public order and national security

Protection zones are established through specific normative acts, through territorial planning and urban planning documents, and, until the updating of territorial planning or urban planning documents, through administrative documents communicated to local public administration authorities by institutions with responsibilities in the field of defence, public order and national security.

Protected Zones

natural or built areas, geographically and/or topographically delimited, which comprise natural and/or cultural heritage values and are declared as such to achieve specific objectives for the conservation of heritage values

Protected built-up area

built area, geographically and/or topographically delimited, which comprises built heritage values, constructions with monument value, buildings with architectural value and ordinary buildings, but which together create a homogeneous area, are declared as such and regulated through urban planning documents, to achieve specific objectives for the conservation and enhancement of cultural values

Zone Subject to Aeronautical Servitudes

zones related to certified civil aerodromes, military aerodromes or air navigation service equipment, subject to aeronautical servitudes

Public Railway Infrastructure Safety Zone

as defined in para. (2) of art. 29 of Government Emergency Ordinance no. 12/1998, approved with amendments and additions by Law no. 89/1999, republished, with subsequent amendments and additions

Public Railway Infrastructure Protection Zone

as defined in para. (4) of art. 29 of Government Emergency Ordinance no. 12/1998, approved with amendments and additions by Law no. 89/1999, republished, with subsequent amendments and additions

Maritime Safety Zone and Inland Waterway Safety Zone

as defined in art. 11 of Government Ordinance no. 22/1999, approved with amendments and additions by Law no. 528/2002, republished, with subsequent amendments and additions

Navigable Canal Safety Zone and Protection Zone

as defined in art. 6 and 7 of Government Ordinance no. 79/2000, approved with amendments by Law no. 55/2002, with subsequent amendments and additions

Road Protection and Safety Zone

as defined in Government Ordinance no. 43/1997, approved by Law no. 82/1998, republished, with subsequent amendments and additions

Annex no. 2

FRAMEWORK CONTENT

of the project for building authorization

1. The project for building authorization comprises:

a) location plan with accuracy corresponding to scale 1:25,000, 1:10,000, 1:5,000, 1:2,000 or 1:1,000, as appropriate;

b) situation plan presenting the current situation with accuracy corresponding to scale 1:2,000, 1:1,000, 1:500, 1:200 or 1:100;

c) situation plan presenting the proposed situation with accuracy corresponding to scale 1:2,000, 1:1,000, 1:500, 1:200 or 1:100;

d) architectural project (for buildings);

e) specific engineering project.

1.1.

The location plan presents the integration into the urban plans of the administrative-territorial unit to allow identification of applicable urban planning regulations and possible servitudes or urban planning limits and prohibitions.

1.2.

The situation plan presenting the current situation is prepared in electronic format with accuracy corresponding to scale 1:1,000 or 1:500, drawn up in the Stereo '70 coordinate system endorsed by the territorial cadastre and real estate publicity office. The plan indicates the cadastral boundaries of the properties, contour lines, existing buildings, with indication of heights at ridge and/or cornice, existing arrangements and plantings, public equipment, namely poles, technical covers etc. serving the land, accesses and fences, and is accompanied by at least two relevant photographs. The situation plan must fully include the public space with which the plot subject to intervention is in contact, from which access is made and neighbouring properties, with the existing situation of neighbouring buildings.

1.3.

The situation plan presenting the proposed situation is prepared in electronic format with accuracy corresponding to scale 1:1,000 or 1:500, in the Stereo '70 coordinate system, based on the situation plan presenting the current situation. On this are indicated the proposed new buildings, the buildings to be retained and those to be demolished, if applicable, dimensioned on all three dimensions, including specification of the existing and proposed height regime, maximum height (at ridge and cornice), elevation ± 0.00 and natural/arranged ground elevations expressed in absolute elevations, exterior arrangements, vegetation retained and proposed, accesses, fence outline.

1.4.

The architectural project or, as appropriate, the interior architectural project, defines through drawings and descriptive technical reports the characteristics of the proposal - composition and organization of spaces, proposed volumetry and appearance of buildings, types of interventions considered for existing spaces and constructive elements, proposed materials and colours. Through graphic and photographic documents, the manner in which the proposal fits into the context, the visual impact of the proposed buildings, the way accesses are treated and the relationship with surroundings are explained. 1.4.1.

The architectural project comprises:

a) technical memorandum;

b) drawings.

1.4.2.

The technical report comprises:

a) description of the initial state of the land;

b) description of the works to be carried out - composition and project organization, with indication of elements to be retained, if applicable;

c) applicable technical solutions, the manner of compliance with applicable urban planning regulations, construction materials and finishes, landscape and vegetation elements, urban furniture, fences, if applicable;

d) the method of protecting and enhancing elements of cultural significance;

e) how the project will meet applicable quality requirements, which shall be detailed in the technical execution project;

f) ensuring and arranging access from a public road or through a right of way easement;

g) providing parking spaces, if applicable;

h) equipping the land with utilities and lighting;

i) ensuring selective waste collection;

j) ensuring relations with neighbouring properties, including fencing;

k) environmental protection.

1.4.3.

The drawings include:

a) indicative plans of all levels, indicating the functions for each space, roof/terrace plan, facades and main sections, showing the ground profile (in case of modification of the existing profile, both the current and proposed situation shall be indicated), prepared at an appropriate scale;

b) graphic and photographic documentation showing how the project fits in relation to neighbouring properties and the landscape, as well as its visual impact on them.

1.4.4.

In the case of intervention projects on existing buildings, the graphic and photographic documentation shall be supplemented by:

a) diagnostic analysis of the existing building showing how the building meets the intended function and how it ensures compliance with applicable quality requirements;

b) technical evaluation/assessment regarding the requirement for strength and stability for the proposed construction - as it results from the proposed intervention, establishing the feasibility of the proposed interventions and recommending the implementation of interventions at structural level, for the implementation of the proposed functional interventions and/or for bringing the structure to the target performance level (current);

c) technical assessment and proposed structural intervention measures may be local, where interventions are localized and do not structurally affect the overall behaviour and performance of the load-bearing structure. If the intervention brings significant changes regarding modification of the structural system or overall behaviour of the load-bearing structure, even where the structurally affected elements are localized but have an influence on the overall behaviour of the load-bearing structure, the technical assessment shall be a general one, and for areas with a ground acceleration of at least 0.15 g, it must establish the seismic risk class in the proposed situation. If structural intervention measures are necessary to increase the overall performance of the building, such as buildings in seismic risk classes RsI and RsII, then the technical assessment shall recommend intervention solutions and shall establish the seismic risk class after strengthening, taking into account the proposed strengthening measures, with the note that for public buildings or those in consequence class 4, the seismic risk class after strengthening must be RsIV;

d) detailed survey of the existing situation - plans for all levels with dimensions, sections and facades.

In the case of interior-only interventions, documents regarding site insertion, volumetry, roof/terrace plan, facades, graphic or photographic documentation regarding insertion/integration are no longer necessary.

1.5.

Plan of underground structures, showing the marking of connection works and connections to existing technical-utility infrastructure in the area executed on public domain, based on the situation plan regarding the current situation. It marks the routes, dimensions, level elevations regarding the positioning of chambers - foundation and cover, inspection pits. It is prepared in electronic format with accuracy corresponding to a scale of 1:1,000 or 1:500, in the Stereo '70 coordinate system. In case of absence of public technical-utility networks, own installations shall be indicated, especially those for water supply and sewerage.

1.6.

The specific engineering project includes:

a) specialized technical reports and, if applicable: calculation summaries, geotechnical assessment, technical assessment regarding the impact on neighbouring properties;

b) drawings.

1.6.1.

Specialized technical reports include the description and justification of the estimated principal solutions of the various components (structure/strength, installations, as applicable), specifying special conditions for implementation or limitations, if they exist, establishing the buildability of the project based on the characteristics of the site, the proposed architecture, available technical and technological possibilities or those that can be accessed, and the characteristics of the soil on which it is founded.

1.6.2.

Technical assessment regarding the impact on neighbouring properties establishes the possibility of construction without affecting neighbouring buildings. For the authorization project phase, the technical assessment may be preliminary, recommending solutions at principle level, and must establish limits regarding deformations and stresses in neighbouring soil, so that neighbouring buildings are not affected. The technical assessment may be supplemented, if necessary, immediately before the start of construction works, after the design solution has been finalized in the technical project or in case information is obtained during excavation works that could not be captured initially.

1.6.3.

Geotechnical documentation verified in accordance with applicable technical regulations in force.

1.6.4.

Calculation summary which includes principal structural schemes, indicating the dimensions of the main structural elements, in the case of buildings classified as CC3 and CC4.

1.6.5.

The drawings include: 1.6.5.1.

structural and installation solutions presented at principle level, such as schemes, tables, sketches, in the case of buildings classified as CC2 and CC3;

1.6.5.2.

drawings at principle level, schematic formwork plans indicating and assuming the dimensions of the main structural elements, including those final ones necessary to support the excavation, current underground level plan, distinct above-ground level plan and principal general sections, for buildings classified as CC4 and for buildings with more than one underground level, respectively outside the basement.

2.

=====

The minister responsible for territorial planning, urbanism and construction, in consultation with the line ministries responsible for sectoral policies, shall prepare and approve by order framework norms/regulations specific to the characteristics of authorization projects for categories of engineering works.

Annex no. 3

SIMPLIFIED FRAMEWORK CONTENT

of the project for authorizing the construction of a single-family dwelling in a rural setting (maximum height regime P + M and a built area of maximum 150 sqm)

1. The project for building authorization comprises:

a) site location plan;

b) situation plan showing the current situation;

c) situation plan showing the proposed situation;

d) situation plan showing the marking of connection works and utilities;

e) architectural project;

f) fencing project.

2. The situation plan showing the current situation shall be prepared in electronic format with accuracy corresponding to a scale of 1:1,000 or 1:500, drawn up in the Stereo '70 coordinate system and endorsed by the territorial cadastral and real estate publicity office. The plan shall be prepared over an area not smaller than the zone defined by a minimum distance of 25 m from all cadastral boundaries of the property subject to authorization. The plan shall indicate, over the mentioned area, the cadastral boundaries of the properties, contour lines, existing buildings with indication of heights at ridge and/or cornice, existing arrangements and plantations, public equipment such as poles, technical covers, etc., serving the land, accesses and fencing.

3. The situation plan showing the proposed situation shall be prepared in electronic format with accuracy corresponding to a scale of 1:1,000 or 1:500, in the Stereo '70 coordinate system, based on the situation plan showing the current situation. It shall indicate the proposed new buildings, buildings to be retained and those to be demolished, if applicable, dimensioned on all three axes, including specification of the existing and proposed height regime, maximum height at ridge and cornice, elevation ± 0.00 and natural/arranged ground elevations expressed in absolute elevations, exterior arrangements, vegetation to be retained and proposed, accesses, fencing outline.

4. The situation plan showing the marking of connection works and utilities to the existing technical-utility infrastructure in the area executed on public domain, based on the situation plan showing the current situation. It shall mark the routes, dimensions, elevation levels regarding the positioning of chambers - foundation and cover, utility boxes. It shall be prepared in electronic format with accuracy corresponding to a scale of 1:1,000 or 1:500, in the Stereo '70 coordinate system.

5. The architectural project defines through drawings and a summary memorandum the main characteristics of the proposal, namely the composition and organization of spaces, the proposed volumetry and appearance of buildings, with indication of the proposed materials and colours, the method of connection and linking to the technical-utility infrastructure. In the case of interventions on existing buildings, the types of interventions considered for existing spaces and constructive elements shall also be presented. Through graphic and photographic documents, the manner in which the proposal is integrated into the rural context, the visual impact of the proposed buildings, and the way accesses and relationships with neighbouring properties are treated shall be explained.

6. The architectural project comprises:

a) summary memorandum;

b) drawings.

7. The summary memorandum comprises:

a) characteristic data: 1)

the dominant function for each building;

2)

the land area according to the land register extract;

3)

the built areas of each building and their total;

4)

the built areas developed for each building and their total;

5)

the percentage of land occupation (existing/proposed);

6)

the land utilization coefficient (existing/proposed);

b) constructive characteristics: 1)

applicable technical solutions, construction materials and finishes, landscape elements and vegetation, urban furniture, fencing;

2)

geotechnical conditions for foundation according to the geotechnical study;

3)

the manner in which the project will meet applicable quality requirements, which shall be detailed in the technical execution project;

4)

the structural system according to the structural project;

c) utilities: 1)

solutions for equipping the land with utilities;

2)

the solution for ensuring equipment intended for selective waste collection.

8. The drawings comprise:

a) indicative plans of all levels, with indication of functions for each space, roof and façade plans, with exact indication of materials and colours, and main sections indicating the ground profile - in case of modification of the existing profile, the present and proposed situation shall be indicated, prepared at an appropriate scale of 1:50;

b) graphic and photographic documentation showing the integration of the project in relation to neighbouring properties and the landscape, as well as its visual impact on them;

c) fencing plans, with indication of materials and colours, respectively provision of utility boxes for technical equipment and other spaces intended for specific technical equipment.

9. In the case of an intervention project on existing buildings, the drawings shall be supplemented by:

a) detailed survey of the existing situation - plans for all levels with dimensions, sections and façades;

b) technical evaluation/assessment regarding the requirement for strength and stability for the proposed building - as it results from the intervention proposal, with determination of the possibility of carrying out the proposed interventions and with recommendation regarding the implementation of interventions at structural level, for the implementation of the proposed functional interventions and/or for bringing the structure to the targeted performance level (current).

Annex no. 4

FRAMEWORK CONTENT

of the project for authorizing the arrangement

1. The project for authorizing the arrangement shall comprise:

a) site location plan;

b) site plan;

c) development project.

2. The zoning plan shows the integration into the urban planning documents of the administrative-territorial unit to allow identification of applicable urban planning regulations and any easements or urban planning restrictions and prohibitions.

3. The site plan indicates existing buildings and arrangements, existing vegetation, public facilities serving the land, accesses and fencing, delimitation of the intervention area, if applicable, and is accompanied by at least two relevant photographs.

4. The development project defines through drawings and technical descriptive reports the characteristics of the proposal, such as composition and organization of spaces, proposed volumes, if applicable, impact on neighbouring buildings and landscapes, types of interventions considered for existing spaces and constructive elements, proposed materials and colours, treatment of public spaces and access routes, both mineral and/or vegetable, proposed solutions for vehicle parking, if applicable, how accesses are ensured and waste collection and disposal. Through graphic and photographic documents, the way the proposal fits into the context, the visual impact of the proposed arrangements, the way accesses are treated and the relationship with neighbourhoods are explained.

5. The development project includes:

a) technical memorandum;

b) drawings.

6. The technical report includes:

a) description of the initial state of the land;

b) description of the works to be carried out, namely composition and project organization, indicating elements to be preserved, if applicable;

c) applicable technical solutions, construction materials and finishes, landscape elements and vegetation, urban furniture, if applicable;

d) ensuring and arranging access;

e) provision of parking spaces, if applicable;

f) equipping the property with utilities, lighting;

g) ensuring separate waste collection;

h) ensuring relationships with neighbourhoods, including fencing.

7. The drawings include:

a) topographic plan, prepared in the Stereographic Projection System 1970, representing the existing situation of the property to be developed, including its surroundings, on which existing buildings and vegetation, public facilities serving the property are shown, dimensioned, prepared at an appropriate scale;

b) topographic plan, prepared in the Stereographic Projection System 1970, representing the proposed situation, dimensioned, with indication of heights, presenting proposed arrangements, vegetation preserved or newly created, prepared at an appropriate scale;

c) sections indicating the terrain profile - in case of modification of the existing profile, the present and proposed situation will be indicated, prepared at an appropriate scale;

d) graphic and photographic documentation illustrating the proposed solution and showing the insertion of the proposed project in relation to neighbourhoods and landscape;

e) in case of green space arrangements or any type of intervention on trees, planting and felling plans will be presented.

Annex no. 5

FRAMEWORK CONTENT

to the project for authorization of building demolition

1. Written documents 1.1.

List and signatures of designers Completed with the names in full and the capacity of the designers, as well as the part of the project for which they are responsible.

1.2.

Report General data Description of the building to be demolished:

a) brief history: year of construction, known craftsmen, other characteristic data;

b) description of the structure, constituent materials, architectural style;

c) mention and description of heritage or decorative elements to be removed;

d) colour photographs - format 9 x 12 cm - of all facades, and where applicable, unfoldings resulting from the assembly of multiple photographs will be presented;

e) colour photographs digital or printed format - format 9 x 12 cm - of the main rooms, the staircase and the entrance hall;

f) description of the works that are the subject of the technical documentation - T.D. for authorization of demolition works.

1.3.

Technical expertise regarding demolition works, as applicable.

2. Drawings 2.1.

Zoning plan in territory Sheet on topographic support certified by the territorial cadastre and real estate publicity office, prepared with accuracy corresponding to scales 1:10,000, 1:5,000, 1:2,000 or 1:1,000.

2.2.

Site plan of properties Topographic plan, prepared in the national projection system, certified by the territorial cadastre and real estate publicity office, prepared with accuracy corresponding to scales 1:2,000, 1:1,000, 1:500, 1:200 or 1:100, on which are represented:

a) cadastral number/land register number of the property for which the urban planning certificate was issued;

b) location of all buildings to be retained or demolished;

c) the way the land is arranged after demolition of buildings;

d) vertical systematization of the land and the way rainwater flows;

e) existing vegetation and which is maintained after demolition.

The plan shall clearly indicate existing elements, those to be demolished, and proposed elements - site plan, new constructions or earth fills, plantations, as applicable.

2.3.

The plan for underground constructions shall include their location, in particular urban utility networks in the site area: routes, dimensions, level elevations regarding the positioning of chambers - base and cover, with accuracy corresponding to 1:500 scale.

In case of absence of public technical and utility networks, own installations shall be indicated, especially those for water supply and sewerage.

2.4.

Survey of constructions to be demolished. Plans shall be drawn with accuracy corresponding to 1:100 or 1:50 scale - which shall allow highlighting existing spaces and functions, with indication of dimensions, areas and existing materials:

a) plans of all levels and roof plan;

b) main sections: transversal, longitudinal, other characteristic sections;

c) all facades.

In case demolition requires complex technical operations, the project for work organization shall also be presented.

Each plan presented in section 2 "Drawings" shall have in the lower right corner a cartouche containing: the name of the company or designer, the registration number or authorization number, as applicable, the title of the project and plan, the project and plan number, the date of preparation, the name, capacity and signature of the designers and project manager.

Annex no. 6

CLASSIFICATION OF CONSTRUCTIONS BY CONSEQUENCE CLASSES

Consequence classes

Consequence class

Loss of human life or number of injured*

Economic, social and environmental consequences*

Cultural and heritage losses*

Buildings

Engineering works

Buildings and heritage and monument constructions

CC4

Catastrophic events causing loss of utilities and social services, disruptions and interruptions with impact at national and cross-border level for periods of the order of years. Significant degradation of environmental quality, significantly exceeding the national level, which can only be partially removed over a period of the order of years. Irrecoverable losses from a historical and heritage perspective. Loss of human life estimated at more than 500. Constructions classified in this class are constructions of exceptional, vital importance.

Extreme

Enormous

Inestimable

Buildings with a role in emergency management, such as emergency hospitals, Mobile Emergency, Resuscitation and Extrication Service, hereinafter SMURD, ambulance stations, fire stations, buildings belonging to the Ministry of Internal Affairs with a role in maintaining public order, Government headquarters, prefectures, main headquarters of the General Inspectorate for Emergency Situations, hereinafter IGSU, buildings with an essential role for national defense and security, flight control centers

Nuclear power plants and other nuclear facilities

Ensembles and religious buildings or other architectural monuments located or proposed to be inscribed in world cultural heritage

Dams and important dikes with significantly populated areas downstream or in the exposed area

Constructions containing radioactive materials

Buildings belonging to the National Administration of State Reserves and Special Issues, hereinafter ANRSPS, intended for storage of products constituting state reserves and/or mobilization stocks

Water reservoirs, treatment, purification and pumping stations and water purification for emergency situations

Underground and above-ground parking and garages for vehicles of emergency services of different types

Constructions with functions essential for public order, emergency management, national defense and security

Silos, reservoirs, petroleum product terminals and installations belonging to ANRSPS, intended for storage and handling of products constituting state reserves and/or mobilization stocks

Power generation and distribution stations and/or which provide essential services for other categories of buildings mentioned here

Control towers for airport and naval activities

Poles of major power transmission and distribution lines

Buildings containing toxic gases, explosives and/or other hazardous substances

Reservoirs and storage facilities of major importance for toxic materials

Communication centers and/or emergency situation coordination

Important offshore facilities

Emergency shelters

Buildings housing water reservoirs and/or pumping stations for emergency situations

Locks

Other civil buildings with total above-ground height greater than 45 m and, at the same time, over 500 people in the total area

Other constructions of the same nature

CC3

Disasters causing loss of utilities and social services, disruptions and delays at national level for periods of months. Significant degradation of environmental quality at national level, far exceeding the limits of the area where the event occurred, and which can only be partially remedied within months. Losses of cultural significance with respect to national identity may be very large. Loss of human lives estimated at fewer than 500. Constructions qualifying in this class are constructions of exceptional importance.

Numerous

Very large

Very large

Hospitals and other healthcare system buildings, other than those in class I, with a capacity of over 100 people in the total exposed area

For road infrastructure, bridges with length over 100 m and tunnels with length over 500 m

Architectural monuments

Main pipeline networks

Historic sites

Passenger terminals / airports

Stadiums

Museums of national importance

Runways, taxiways, aircraft parking areas, flight control equipment

Schools, high schools, universities or other education system buildings, with a capacity of over 200 people in the total exposed area

Refineries

Archives and libraries of national importance

Fuel storage facilities

Motorways, expressways, European roads, national roads serving strategic objectives (Transfăgărășan)

Other constructions with heritage value and housing such values, of national importance

Metro infrastructure

Nursing homes, nurseries, kindergartens or other similar care facilities for persons

Railway infrastructure:

a) railway embankments;

b) reinforcements;

c) railway superstructure;

d) engineering works: bridges, culverts, tunnels, road overpasses;

e) electrification works;

f) railway-specific installations: electronic communications, signalling

Multi-storey residential buildings, offices and/or with commercial functions, with a capacity between 300-500 people in the total exposed area

Power generation plants other than nuclear, wind or photovoltaic

Chemical plants

Underground and above-ground reservoirs for gases and liquids

Conference halls, performance or exhibition venues, with a capacity of over 200 people in the total exposed area, sports halls with a capacity of over 200 people

Constructions where explosives, toxic gases and other hazardous substances are stored

Water towers, cooling towers for thermal power plants

Penitentiaries

Poles of secondary importance power lines for energy transmission and distribution

Single-storey and multi-storey buildings, including mall-type, with more than 1,000 people in the total exposed area

Ecological waste storage facilities

Multi-storey above-ground car parks with a capacity of over 500 vehicles in the total exposed area, other than those in CC4, civil constructions with railway destination

Conventional offshore facilities

Buildings whose functional interruption may have a major impact on the population, such as: buildings directly serving power plants, water treatment, purification, pumping stations, energy production and distribution stations, electronic communications centres, other than those in CC4, civil constructions with railway destination

Navigable channels, offshore dikes, maritime port quays, river port quays, port and inland waterway hydraulic constructions and facilities, fixed port and maritime platforms

Other civil, residential or office buildings, private or public, with total above-ground height greater than 45 m, but with fewer than 500 people in the total exposed area

CC2

Material and functional losses at society level that produce disruptions and delays in social services at regional level for periods of weeks. Significant degradation of environmental quality in the vicinity of the disaster, which can be removed within weeks. Cultural losses of local importance. Loss of human lives estimated at fewer than 50. Buildings qualifying in this class are of normal importance.

Moderate

Considerable

Considerable

Health facilities not found in CC3 and CC4

For road infrastructure: bridges with length under 100 m and tunnels with length under 500 m

Religious buildings

Cargo terminals, aircraft maintenance hangars, power plants and thermal power stations serving airports, emergency service depots, garages, workshops

Large industrial constructions or potentially dangerous due to the nature of activity and production

Museums of local importance

Schools, high schools or other educational system buildings with a capacity of fewer than 200 people in the total exposed area

Industrial buildings serving storage of polluting materials

Other constructions of heritage value and housing such values, of local importance

Shopping centres - ground floor with a capacity of fewer than 1,000 people in the total exposed area

Fuel filling stations

Roads

Socio-cultural buildings and sports halls with fewer than 200 occupants in the total exposed area

Industrial railway infrastructure (LFI)

Multi-storey residential or commercial buildings or public buildings not found in CC3 and CC4, with a capacity of fewer than 300 people in the total exposed area

Conventional offshore facilities

Electronic communications towers

CC1

Significant damage and material losses may occur for building owners or users, but with negligible impact at society level. Environmental quality degradation, which can be completely removed within a few weeks. Loss of human lives estimated at fewer than 5. Buildings qualifying in this class are constructions of reduced importance.

Small and very small

Small or insignificant

Insignificant

Single-family dwellings with single-storey and two-storey height regime

Smaller industrial constructions

Small bridges, culverts

Other types of buildings with a very small number of users, such as individual garages, small commercial spaces in rural areas

Agricultural constructions where people do not normally have access or where access is limited, such as storage facilities, silos, barns, etc.

Wind and photovoltaic power plants

Totems, other constructions with advertising character

Embankments and landscape arrangements

Small and unpopulated offshore facilities

Annex no. 7

BUDGET MARGIN ESTABLISHMENT

in the case of private sector investments (budget margins are not cumulative,

but are progressively reduced for each economic or technical phase)

Stage

Budget margins

Responsible

Method

Landscape design

Buildings

Bridges, dams, roads, railways, tunnels, viaducts

Land improvements, hydrotechnical works, mining constructions, bank and earth mass stabilization constructions, coastal constructions

Interventions on existing buildings

Interventions on historical monuments, conservation, restoration, consolidation

0. Initiation

Beneficiary

Target budget establishment

Reporting against existing indicators, strategic theme, additional objectives and impact on location

1. Design brief and

business plan

+/-15%

+/-25%

+/-30%

+/-35%

+/-35%

+/-45%

Beneficiary / Consultant

Consultant

Investment project budget estimate

Reporting against existing indicators, strategic theme, additional objectives and location impact. Comparison with budget forecast at stage 0 and update

Feasibility study - approval of technical and economic indicators

Approved estimated budget, including budget margins

2. Concept

+/-12%

+/-20%

+/-25%

+/-30%

+/-30%

+/-40%

Designer

Provisional estimate of forecasted cost

Designer's indicators and experience

Examination of compatibility with estimated budget at previous stage

3. Project for construction authorization

+/-8%

+/-10%

+/-15%

+/-20%

+/-25%

+/-30%

Designer

Final estimate of forecasted cost by cost centre - investment costs / operating costs

4. Technical execution project + execution details

+/-5%

+/-6%

+/-9%

+/-10%

+/-15%

+/-20%

Designer

Establishment of forecasted construction cost. Pre-measurements and general estimated budget

5. Execution

+/-2%

+/-3%

+/-5%

+/-7%

+/-10%

+/-15%

Designer / Contractor

Detailed quantitative budget, tendering and contracting. Execution cost tracking

Annex no. 8

BUDGET MARGIN ESTABLISHMENT

in the case of public works (budget margins are not cumulative,

but are progressively reduced for each economic or technical phase)

Stage

Budget margins

Responsible

Method

Landscape design

Buildings

Bridges, dams, roads, railways, tunnels, viaducts

Land improvements, hydrotechnical works, mining constructions, bank and earth mass stabilization constructions, coastal constructions

Interventions on existing buildings

Interventions on historical monuments, conservation, restoration, consolidation

0. Initiation

Beneficiary

Target budget establishment

Reporting against existing indicators, strategic theme, additional objectives and impact on location

1. Design brief and

feasibility study

+15%

+25%

+30%

+35%

+35%

+45%

Beneficiary / Consultant

Designer

Investment project budget estimate

Reporting against existing indicators, strategic theme, additional objectives and location impact. Comparison with budget forecast at stage 0 and update

Feasibility study - approval of technical and economic indicators

Approved estimated budget, including budget margins

2. Concept

+12%

+20%

+25%

+30%

+30%

+40%

Designer

Provisional estimate of forecasted cost

Designer's indicators and experience

Examination of compatibility with estimated budget at previous stage

Beneficiary notification. Technical and economic indicators are not re-approved

3. Project for construction authorization

+8%

+10%

+15%

+20%

+25%

+30%

Designer

Final estimate of forecasted cost by cost centre - investment costs / operating costs. Beneficiary notification. Technical and economic indicators are not re-approved

4. Technical execution project + execution details

+5%

+6%

+9%

+10%

+15%

+20%

Designer

Establishment of forecasted construction cost. Pre-measurements and general estimated budget

Technical and economic indicators are re-approved only if the total estimated value including budget margin is exceeded.

5. Execution

+2%

+3%

+5%

+7%

+10%

+15%

Designer / Contractor

Detailed quantitative budget, tendering and contracting. Execution cost tracking