As a rule, constructions are erected on the basis of a building permit which can be obtained from public institutions under the conditions laid down by law. This mechanism is intended to protect public safety, avoid inconvenience between neighbors, respect property rights boundaries, and preserve aesthetics at the community level.
In general, in order to obtain a building permit, it is first necessary for the person concerned to obtain a town planning certificate for the area in which he or she wishes to build. This certificate is issued by the local or county administrative authorities and contains information on the technical, economic and legal status of the building, as well as the characteristics and urban planning requirements of the area in which the building is located.
After obtaining the urban planning certificate, depending on the building to be erected, certain steps must be completed in order to obtain a building permit. Once this authorization has been obtained, the building must be erected within the time limit and under the conditions laid down in the authorization. Any breach of the permit, as well as building without obtaining a permit, can lead to various penalties, ranging from fines to demolition of the building erected in breach of the obligations imposed by the relevant legislation.
However, in relation to the provisions of Law 50/1991 on the authorization of construction works, there are several types of construction works that can be carried out without obtaining a building permit. These constructions are those that do not alter the building’s resistance structure or architectural appearance, most of the time for repairs, but not only (e.g. installation of local heating systems). Certain permits may be required for the construction of such buildings. Others, however, can be built without any formalities, such as certain types of fencing.
WHICH TYPES OF FENCE DO NOT REQUIRE PLANNING PERMISSION IN ROMANIA?
As we have already mentioned, a building permit is not required for works that do not alter the resistance structure of existing buildings, expressly provided for by law. So, first of all, we would like to remind you that fence repairing, painting or repainting works are not subject to the formalities regulated by Law 50/1991, as they can be carried out at any time by the owner or, as the case may be, by the person who has a real right over the real estate. Mobile fences or hedgerows will also not be subject to building authorization.
It should be borne in mind that, although building permission is not required, such works must comply with certain provisions, such as height. Unless otherwise stipulated by law, town-planning rules or local custom, the maximum height the fence can reach is 2 meters, including the top of the wall.
It is also very important for the builder to respect the limits of his own and his neighbors’ property rights, i.e. public property rights. Naturally, the person who builds such a construction must have the right to do so. In other words, the builder must have a valid title to the property in question, another right in rem, or be in some other way entitled by the true owner to carry out such works.
