The Zonal Urban Development Plan (PUZ) is an essential document for planning and regulating territorial development in Romania. Although the PUZ is mandatory in many cases, there are specific situations in which constructions can be realized without this document.
According to Law No 350/2001 on spatial planning and urbanism, the PUZ is an urban planning instrument of specific regulation, which ensures the correlation of the integrated urban development of certain areas of the locality with the General Urban Plan (PUG). Article 47 of this law emphasizes the importance of the PUZ in coordinating urban development and in establishing specific regulations for areas characterized by urban complexity or strong urban dynamics.
The first step in starting any construction project is to obtain the urban planning certificate. This is an informative document by which the local public authority provides data on the legal, economic and technical regime of the land for which the building permit is requested. Article 33 of Law no. 350/2001 stipulates that the urban planning certificate is issued by the same authorities that issue building permits and must be issued no later than 30 days from the date of registration of the application.
The urban planning certificate determines whether a PUZ needs to be drawn up for the land in question or whether the construction can be carried out on the basis of existing urban planning documents. According to Article 32, if the application for the issuance of the urban planning certificate requests a modification from the provisions of the approved urban planning documents for the area in question (thus including a modification of the PUZ) or if the specific conditions of the site or the nature of the investment objectives so require, the local public authority may:
- reject, on justified grounds, the request to amend the provisions of the approved urban planning documents;
- make the authorization of the investment subject to the preparation and approval of a PUZ;
- require the preparation of a Detailed Urban Development Plan (PUD);
- allows the technical documentation for the building permit to be drawn up without an urban planning document, under certain conditions.
The above-mentioned provisions give local authorities the right to allow the drawing up of technical documentation for the building permit without the elaboration of an additional urban planning documentation, if the construction is in line with existing regulations.
Specifically, Article 32 para. (1) letter e) of Law 350/2001 stipulates that the elaboration of a PUZ is not necessary if the construction is built on a plot of land located in a pre-existing front, where the adjacent buildings have the same height regime as the one requested. This means that if the site is located in an already built-up area, where the neighboring buildings have the same urban characteristics, a PUZ is not required. This exception simplifies the building authorization process in already developed urban areas and facilitates the integration of new buildings into the existing urban landscape.
However, even where a PUZ is not required, the building process remains strictly regulated. It is compulsory to obtain the urban planning certificate and the building permit, while respecting all other urban planning regulations in force. Local authorities may impose additional conditions through local urban planning regulations, so each project must be analyzed in the specific context of the area in which it is to be implemented.
Article 47 para. (3) of Law 350/2001 stipulates that “The elaboration of the Zonal Urban Development Plan is obligatory in the case of:
a) central areas of the localities;
b) protected built-up areas and monument protection areas;
c) recreation and tourism areas;
d) industrial and technological zones/parks and service zones;
e) land parcels, for division into more than 3 parcels;
f) transportation infrastructure;
g) areas subject to urban restructuring or regeneration;
h) other areas established by the local public authorities of the municipalities, according to the law.”
By interpretation, in areas that do not fall into these categories and for which it does not explicitly provide for the need to prepare a PUZ, construction may be carried out without a PUZ, in compliance with the provisions of the PUG.
For those cases where a PUZ is required, the process starts with the issuance of an opportunity opinion drawn up by the specialized structure headed by the chief architect and approved, as the case may be, according to the competence: by the mayor of the locality; by the general mayor of the municipality of Bucharest or by the president of the county council.
This opinion is based on a written request including:
- a technical memorandum explaining the proposed investment;
- topographical/cadastre plans;
- the proposed concept and the way of integration into the area
- the proposed urban planning indicators and the economic and social consequences.
The opportunity notice defines the territory to be regulated by the PUZ, the functional categories of the development, the mandatory urban planning indicators, the necessary public interest facilities, access and transportation capacities allowed.
The PUZ is essential for coherent urban development, ensuring that new constructions comply with urban planning regulations and contribute to the harmonious development of the area. Article 47 of Law 350/2001 emphasizes that the PUZ coordinates the integrated urban development of the areas in the locality, laying down specific regulations for the organization of the street network, land use, development of the building infrastructure and protection of historical monuments.
The elaboration of the PUZ is mandatory for certain specific areas, such as central areas of localities, protected built-up areas, recreation and tourism areas, industrial and technological parks, service areas, subdivisions for division into more than three parcels, transport infrastructure and areas subject to urban restructuring or regeneration.
Thus, the answer to the question “Can it be built without a PUZ?” is yes, but limited to situations where the parcelization and urban characteristics of the area allow it. For all other investments and developments, the PUZ remains a mandatory tool for urban planning and regulation.
