In the context of urban development and the growing need for living space, a frequently asked question is whether it is possible to build on land with a relatively small opening, for example 8 meters. We will look at the legal framework and the conditions under which planning permission can be obtained for such plots.
According to Law no. 350/2001 on spatial planning and urbanism, as well as Law no. 50/1991 on the authorization of the execution of construction works, the possibility to build on a plot of land is regulated by urban planning documents, such as the General Urban Plan (PUG) and the Zonal Urban Plan (PUZ).
In order to be able to build on a plot of land with an opening of 8 meters, several conditions must be met, which derive from both legislation and local urban planning rules:
COMPLIANCE WITH PUG AND PUZ PROVISIONS IN ROMANIA
The first step is to check the use of the land and the urban planning indicators set out in the PUG and PUZ for the area in which the land is located. If the land use permits the construction of housing or other compatible functions and the urban planning indicators are favorable (e.g. the percentage of land occupation and the land use coefficient allow a building of the desired size), then the conditions are in place for obtaining the building permit.
ENSURING ACCESS IN ROMANIA
An essential condition for the building permit is the provision of access to the plot of land with an opening of 8 meters. Access may be direct, via a public road, or indirect, via an easement (e.g. a right of use over a portion of the adjoining land). Lack of access can be a major impediment to obtaining planning permission.
OBSERVANCE OF MINIMUM DISTANCES IN ROMANIA
The building must be placed on the land at minimum distances from the side and rear boundaries of the plot. These distances are established by the Civil Code and by local urban planning regulations (PUG, PUZ, urban planning regulations). Typically, the minimum distances are 60 cm from the side boundaries and 2 meters from the rear boundary, but there may be variations depending on the locality and the area in which the land is located.
PROVISION OF UTILITIES IN ROMANIA
In order to be functional, the building must be connected to public utilities (water, sewerage, electricity, natural gas, etc.) or have alternative solutions in accordance with the rules in force. In the case of sites with limited open space, the provision of utilities can be a challenge, especially if public networks are not easily accessible. Alternative solutions, such as boreholes for water or septic tanks, need to be approved by the competent authorities.
Although the above conditions are generally valid, there are situations where derogations from the provisions of urban planning documents can be obtained. One such instrument is the Detailed Urban Development Plan (PUD), which can be used to propose changes to urban planning indicators, minimum distances or other regulations, provided that the changes are duly justified and the necessary approvals are obtained.
However, the preparation of a PUD involves additional costs (for design, permits, etc.) and does not guarantee building approval. Also, an approved PUD can be challenged in court by neighbors or other interested parties, which can lead to delays or even the cancellation of the documentation.
An important recommendation for those wishing to build on a plot of land with an 8-meter opening is to apply for a planning certificate from the competent local authority (town hall, county council, etc.) before purchasing.
Thus, building on a plot with an 8-meter opening is legally possible, but it is subject to strict conditions and can face various challenges. In order to maximize the chances of success, it is important to be fully aware of the applicable legal and planning requirements, to seek expert information and assistance, and to approach the project with realism and creativity.
Although small open spaces may seem a difficult option, they are a reality of contemporary urban development and can offer exciting opportunities for those willing to use them intelligently. With careful planning and responsible execution, these sites can accommodate housing or other functions tailored to today’s needs, contributing to a more efficient use of available land resources in cities.
