Building a house involves many technical, urban planning and legal issues, including determining the correct distance from neighboring properties, in particular from the neighbor’s fence. This distance is regulated by law and by local urban planning by-laws to ensure an adequate level of privacy, prevent conflicts between neighbors and respect safety and urban aesthetics.
MINIMUM LEGAL DISTANCE UNDER THE CIVIL CODE IN ROMANIA
Article 612 of the Romanian Civil Code stipulates that “any construction, works or planting may be carried out by the owner of the land only with a minimum distance of 60 cm from the boundary line, unless otherwise provided by law or by the urban planning regulation, so as not to prejudice the rights of the neighboring owner”. This provision therefore establishes a general minimum distance of 60 cm from the property boundary, which applies in the absence of special rules.
The rationale of this provision is to ensure a minimum distance between buildings to allow maintenance and repair work to be carried out without the need to enter the neighbor’s property. The minimum distance also helps to ensure the privacy and comfort of the occupants and to prevent the risk of fire or building collapse.
Article 615 also requires that a distance of at least 2 meters must be kept between the fenced or unfenced property belonging to the neighboring owner and the window, balcony or other such works facing the property. The bay window, balcony or other such works not parallel to the boundary line towards the neighboring property shall be prohibited at a distance of less than one meter.
The distance shall be calculated from the point nearest to the boundary line on the face of the wall into which the view has been opened or, as the case may be, on the outer line of the balcony, to the boundary line. The distance, even in the case of non-parallel works, shall also be measured perpendicularly, from the point nearest to the boundary line of the work to the boundary line.
LOCAL PLANNING REGULATIONS IN ROMANIA
However, Article 612 of the Civil Code also mentions the possibility that the law or town planning regulations may provide for different minimum distances. In practice, the minimum building distances from the property boundary are set by local urban planning regulations, such as the General Urban Development Plans (PUG) or Zonal Urban Development Plans (PUZ), drawn up by the local public authorities.
These regulations are normative in nature and lay down rules on the location of buildings in relation to property boundaries, taking into account the specifics of each area and the intended use of the buildings. For example, a PUG may stipulate different minimum distances for residential areas with individual dwellings, apartment blocks or industrial zones.
The minimum distances may be influenced by factors such as the height of the building, its intended use (residential, outbuilding, commercial, etc.), the height regime of the area, the existence of windows on side or rear facades, and the characteristics of the area (rural, urban, central, peripheral, etc.). In general, taller buildings or buildings with specific uses (commercial, industrial) may be subject to stricter requirements on the distance from the property boundary.
OBTAINING PLANNING PERMISSION IN ROMANIA
Before starting to build a house, it is compulsory to obtain planning permission from the local public authority (town hall). To do this, the building project must comply with the local urban planning regulations, including those concerning distances from property boundaries.
The design must be drawn up by a licensed architect or engineer and contain detailed plans of the building, including its location on the plot. The local public authority will verify compliance with the legal and urban planning requirements and, if they are met, will issue the building permit.
PENALTIES FOR NON-COMPLIANCE WITH MINIMUM BUILDING DISTANCES IN ROMANIA
Failure to comply with the minimum building distances from the property boundary may result in fines or even in the owner being ordered to demolish the unauthorized construction at his own expense.
If the construction infringes the neighboring owner’s rights, he can take legal action to have the construction demolished or seek compensation.
Thus, the minimum distance at which a house can be built from a neighbor’s fence is regulated by the Civil Code and by local urban planning regulations. The Civil Code lays down a general minimum distance of 60 cm, but also provides for the possibility of this being modified by other legislation. In practice, the minimum building distances are laid down by the PUG or PUZ and may vary according to the specifics of the area, the intended use and the characteristics of the buildings.
In order to avoid legal problems and to respect the rights of neighbors, it is important that any construction project complies with the legal and urban planning regulations on distances from the property boundary. A transparent and cooperative approach in dealing with neighbors can also help prevent conflicts and find mutually beneficial solutions.
