Whether it is possible to build on agricultural land is a subject that requires careful analysis of the legal framework and administrative procedures involved. This situation reflects the existing tension between the need for urban development and the imperative of preserving agricultural land, even in areas designated for construction.
The main legal framework governing this issue includes:
- Law No. 50/1991 on the Authorization of Construction Works
- Law No. 18/1991 on Land Fund
- Law No 350/2001 on spatial planning and urbanism
In principle, building on agricultural land is possible, but it involves a specific process. According to Art. 91 para. (1) of Law No 18/1991, “the siting of constructions of any kind shall be done within the intravilanul of the localities”. This provision provides the legal basis for building on intravilane land, regardless of its category of use.
However, the process of building on an agricultural building plot involves several steps:
- checking that the land falls within the General Urban Development Plan (PUG) and the Local Urban Development Regulation (RLU);
- requesting and obtaining approval to change the land use category. Art. 92^2 para. (1) of Law no. 18/1991 stipulates: “The introduction into the agricultural circuit of land located within the urban area, their classification as productive/non-productive agricultural land […], as well as the category of use shall be approved by the competent local public administration authorities within whose area the land is located, at the request of the beneficiary”;
- obtaining the town planning certificate, which will specify the conditions and permits required for the constructionπ;
- preparing the technical documentation for the building permit;
- obtaining the necessary permits and agreements;
- applying for and obtaining the building permit.
It is important to note that the change of use category from agricultural land to building land may involve the payment of fees. There may also be restrictions on the percentage of the land area that can be built on or the type of construction allowed, depending on local regulations.
Article 23 of Law No. 50/1991 states that “the intravilan of localities is established by the general urban development plans – PUG -, approved according to the law.” This means that even if a plot of land is classified as intravilan, the actual building on it must be in accordance with the provisions of the local PUG.
In conclusion, it is possible to build on agricultural intravilan land, but this involves a process that requires compliance with several administrative and legal steps. Owners wishing to build on such land must be prepared for a process that can be lengthy and involves interactions with multiple local authorities.
It is recommended that owners consult with the relevant local authorities and planning specialists before starting any development. Each case is unique and may be influenced by specific local regulations, the particular characteristics of the land and the urban development plans of the locality.
