Can you build without a permit in Romania?

Building without authorization is a strictly regulated practice in Romania, and Law No 50/1991 on the authorization of construction works sets out the legal framework for this area. In general, the execution of construction works is allowed only on the basis of a building or dismantling authorization. However, the law also provides for certain exceptions to this general rule.

GENERAL PRINCIPLE – THE NEED FOR PLANNING PERMISSION IN ROMANIA

Article 1 para. (1) of Law 50/1991 clearly states that “the execution of construction works is permitted only on the basis of a building or demolition authorization, issued under the conditions of this law, at the request of the holder of a real right over a real property – land and/or buildings – identified by cadastral number, unless otherwise provided by law”.

This provision emphasizes the importance of the building permit as a control and regulatory instrument in the field of construction. According to Art. 2 para. (1), “constitutes the final act of authority of the local public administration on the basis of which the execution of construction works is permitted in accordance with the measures prescribed by law regarding the location, design, realization, operation and post-use of constructions.”

EXCEPTIONS TO THE GENERAL RULE – UNDER WHAT CONDITIONS CAN ONE BUILD WITHOUT AUTHORIZATION IN ROMANIA? 

However, Law No. 50/1991 recognizes that there are situations in which obtaining a building permit might be an excessive requirement for certain types of minor or maintenance works. Article 11 para. (1) presents a detailed list of works that can be carried out without a building permit, provided that they do not alter the resistance structure and/or the architectural appearance of the buildings. These include:

1. Repairs to enclosures, roofs, roof coverings or terraces, when their shape and the materials of which they are made do not change.
2. Repairs and replacements of interior and exterior carpentry, if the shape, dimensions of the openings and joinery are retained.
3. Repairs and replacements of heating stoves and associated chimney flues.
4. Interior and exterior finish work, plastering, plastering, painting, painting, painting, plywood and other finishes.
5. Repairs or replacements to interior installations, and repairs to exterior connections and service connections.
6. Installation of local heating and domestic hot water systems and installation of individual air-conditioning and/or utility metering.
7. Energy renovation work on the envelope and/or roof of individual residential buildings with 3 storeys or less.
8. Routine maintenance, periodic maintenance and routine repair works on transportation infrastructure and related installations.

WORKS IN PROTECTED AREAS IN ROMANIA

Article 11(2) addresses the situation of works in monument protection areas or protected built-up areas. Even in these sensitive areas, certain works may be carried out without planning permission, provided that they do not alter the resistance structure and/or the architectural appearance of the buildings. These works include:

1. Repair and/or maintenance works to existing buildings, which do not affect the volume, shape of the building or the decoration of the facades.
2. Works of investigation, research, survey, conservation and restoration of the artistic components of buildings, with the approval of the competent authority.
3. Minor repairs to exterior finishes, provided that the material, color and texture of the finish is maintained.
4. Alter alterations to non-structural, demountable partitions made of lightweight materials.

In the case of buildings of a special nature intended as health establishments or educational establishments which are historical monuments, located in protected areas, Article 11 (3) provides that certain interior and exterior finishing works, repairs and replacement of carpentry, repairs to roofs and floors, and interior installations may be carried out without planning permission.

For historic buildings and buildings of architectural or historic value, Article 11 para. (4) introduces a special procedure. The works referred to in para. (2) may be carried out only with prior notification of the local public administration authority and the deconcentrated service of the central authority competent for the protection of cultural heritage. The written consent of this deconcentrated service shall be required, which shall contain the conditions and deadlines for the execution of the works or, as the case may be, the need to follow the authorization procedure.

Article 11 para. (5) stipulates that the written agreement referred to above must be issued no later than 30 days from the date of registration of the notification. If this deadline is exceeded, the notified works are deemed to benefit from tacit consent.

PRACTICAL IMPLICATIONS AND CONSIDERATIONS IN ROMANIA

Although the law allows certain works to be carried out without planning permission, it is important to emphasize that this freedom comes with responsibilities. Owners and builders must ensure that the works fall strictly within the exempted categories and that they do not make significant structural or architectural alterations.

In addition, even for works that do not require authorization, it is advisable to consult the local authorities before starting work. This can help avoid potential problems or misinterpretations of the law.

It is also important to bear in mind that, although certain works may be carried out without authorization, they must still comply with building quality standards, local planning regulations and other relevant regulations.

Construction without authorization, when required, can have serious consequences. The law provides for penalties for carrying out works without authorization, which can include substantial fines and, in extreme cases, the demolition of illegally built constructions.

In conclusion, although the general rule states that construction works require a building permit, Law 50/1991 acknowledges that in certain cases, this requirement would be unnecessary. Therefore, the law permits specific categories of work to be carried out without authorization, particularly those that do not impact the structural integrity or architectural appearance of buildings. A Romanian lawyer can provide clarity on whether a particular project falls within these exceptions and ensure compliance with legal provisions.