Zoning, building plots and land use

PART II - Provisions and rules applicable throughout Romania

Title I - Zoning provisions (art. 148-158)

Chapter I - Territory zoning and specific territorial units (art. 148-150)

What it regulates. Macrozones established through PATN and PATJ, specific territorial units and the regime for informal settlements. For investors, what matters is the possibility for PATJ to block the introduction of land into building plots and the special regime for informal settlements, the only exception to the ban on "legalization" through urban planning documentation.

PATN sections may establish macrozones: with water deficit, with afforestation deficit, energy resource concentration, heritage concentration, protected landscapes, natural risk, deep rural (art. 148 para. 2). PATJ or intercommunal plan may include zones with a ban on introduction into building plots (art. 148 para. 3). Specific territorial units are strategic zones defined based on cities' zones of influence and economic specialization, covering entire UATs (art. 149 para. 2) and are not administrative-territorial units (art. 149 para. 3).

Informal settlements (art. 150). Identified by three simultaneous criteria: minimum 3 housing units developed spontaneously, without compliance with standards; population has no rights over the properties; population is in a situation of social exclusion and marginalization (art. 150 para. 1). The county council organizes the county coordination commission (art. 150 para. 4), which centralizes data sheets and collaborates with land fund commissions and OCPI for the assignment of real rights (art. 150 para. 5). Local authorities establish their own working groups (art. 150 para. 7), which propose measures subject to public consultation (art. 150 para. 9); the action plan is approved by the county commission, adopted by the local council and communicated to the persons concerned within a maximum of 30 days from adoption (art. 150 para. 10). Measures are implemented in situ or through relocation, with identification of land for necessity or social housing (art. 150 para. 11-12). For settlements in land outside town limits or in zones not regulated as residential zones, but compatible with housing, regulation is done through PUZ approved by the local authority (art. 150 para. 14). Measures are prohibited on the sites of national interest transport infrastructure projects (art. 150 para. 15).

Chapter II - Building plot and land outside town limits (art. 151-153)

What it regulates. The definition of building plots, conditions for their expansion and obligations of private investors who want to introduce land into building plots. It is one of the chapters with the greatest impact on land value.

Building plot is the totality of built and developed surfaces of localities, delimited by PUG or PUZ, within which the execution of construction works can be authorized (art. 151 para. 1). The boundary does not have to coincide with the cadastral boundaries of plots (art. 151 para. 3). Expansion of building plots is mandatorily conditioned by the technical and financial capacity of the UAT to provide infrastructure and public facilities for new functions, regardless of the initiator (art. 151 para. 4), financing being either public or private (art. 151 para. 5). Expansion is based on a study of economic and social impact and viability costs; expansion outside the urbanization or de-urbanization zones established by PUG can only be done through documentation initiated by the public authority (art. 151 para. 7).

Rule for private investors: if they want to expand building plots in areas not equipped with infrastructure, they are obliged to cover the full costs of expansion and demonstrate technical solutions for independent operation, or negotiate with the authority a joint action plan for equipment financing; alternatively, expansion is concentrated in areas already equipped or to be equipped soon (art. 151 para. 8). If a PUZ with limited validity introduced the zone into building plots and has expired, the local council may decide, at the request of owners, to keep the land in building plots (art. 151 para. 9).

Land outside town limits is the area between the administrative boundary and the building plot boundary (art. 152 para. 1), divided by PUG into macrozones of urbanization and/or restructuring, agricultural, forestry, renewable energy zones, communication routes and zones where urbanization is prohibited (art. 152 para. 2). In land outside town limits, the objectives provided for in art. 92 para. 2 and 3 of the Land Fund Law no. 18/1991 may be located, either according to the development plan or PUG, or on the basis of a PUD within authorization (art. 152 para. 3).

Introduction into building land (art. 153). Agricultural land and land with improvements are introduced into building land on the basis of PUG or PUZ, with prior approval regarding quality class issued by the ministry of agriculture (art. 153 para. 1). After approval, the decision and documentation are transmitted to OCPI for updating the property destination (art. 153 para. 2). Proposals for expanding building land are based on demographic density, economic dynamics and local budget capacity; PUG and PUZ include the investment programme and action plan for new areas (roads, networks, vertical planning); in public-private partnership, costs are shared between the authority and investors, and the programme is adopted separately by local council decision, with the notarial commitment of the private investor (art. 153 para. 3).

Chapter III - Protected areas and landscapes (art. 154-156)

Protected areas of national interest are established by special laws and included in section III of PATN (art. 154 para. 1); protected landscapes of national interest are highlighted in the national landscape atlas, prepared by the ministry (art. 154 para. 5 and 7), detailed through county atlases (art. 154 para. 6 and 8). Protected areas of county or local interest are established by decision of the county or local council (art. 155 para. 1); interested parties may make proposals (art. 155 para. 4). Territorial or local landscape plans are substantiation studies for PATJ and PUG, prepared by specialists in urbanism, landscape design or geography (art. 156 para. 1-3).

Chapter IV - Natural and anthropogenic risks (art. 157-158)

Risks analysed: seismic, floods, landslides, shifting sands, torrents, avalanches, rock falls, erosion, abrasion, extreme weather phenomena, forest fires and major accidents with hazardous substances (art. 157 para. 1). Works for prevention and mitigation of risks constitute a cause of public utility and are prioritized in the action plans of PUG (art. 157 para. 3). Risk zones are delimited on the basis of approved risk maps and the Plan with Seveso territorial compatibility zones (art. 158 para. 1); declaration of a risk zone is made by decision of the county council (art. 158 para. 2). Local authorities must delimit exposed zones, prohibit types of construction that increase risk or specify authorization conditions, delimit zones that may generate additional risks and define measures for owners and users (art. 158 para. 5). The drawn parts of the documentation highlight the affected zones and establish the prohibitions (art. 158 para. 6).

Title II - Basic urban planning rules (art. 159-179)

Chapter I - Buildable and non-buildable land (art. 159)

Buildable land is that which meets the minimum building conditions from urban planning regulations and has the possibility of connection to utility networks, direct or indirect access through legally established right-of-way easements to public roads and access to public services and facilities (art. 159 para. 1). Public infrastructure can be developed inside and outside building land on the basis of feasibility studies (art. 159 para. 3), but the feasibility study cannot modify urban planning regulations (art. 159 para. 4). Non-buildable land is that which does not meet the conditions of para. 1 (art. 159 para. 6).

Chapter II - Establishing land uses (art. 160-176)

Functional zones (art. 160 para. 1). 18 categories: housing and complementary functions; central; public institutions and services; commerce and services; green spaces and recreation; transport; industrial and logistics units; agro-zootechnical; communal services and cemeteries; technical-utility equipment; special purpose; waters; forestry; natural and anthropogenic risk; extractive; protection; land reserves; mixed. Authorization of construction is permitted on condition of compatibility between the building destination and the functional zone (art. 160 para. 4).

Rules with direct effect on zones:

The central zone groups the most valuable buildings and functions of general interest, possibly in a polycentric system (art. 162). The transport zone includes communication routes of all categories (art. 165 para. 1), while the national interest infrastructure zone includes the safety zone and protection zone (art. 165 para. 2). The industrial and logistics zone groups extraction, production, processing and storage (art. 166). The municipal services zone includes sanitation stations, cemeteries and crematoria (art. 168). Sanitary protection zones are delimited by county authorities based on the opinion of specialized bodies (art. 171 para. 5).

Chapter III - Urban planning regulations (art. 177-179)

The right of ownership and other real rights are exercised in compliance with urban planning regulations established through PUG (art. 46), PUZ (art. 63) and PUD (art. 81 para. 2), for sustainable development, protection of urban identity, heritage, environment, infrastructure, architectural quality and other causes of public interest (art. 177 para. 2). Regulations concern land use, permitted, conditionally permitted or prohibited functions, height, built/unbuilt ratio, temporary or permanent building prohibitions, permitted or prohibited materials and colours, reservation of areas for general interest facilities (art. 177 para. 3). Principle rule: regulations are established in compliance with proportionality to the situation that determined them and their purpose (art. 178). Upon cessation of public interest for which prohibitions were instituted, authorities are obliged to update documentation to reflect the cessation (art. 179).