WHAT DOES IT MEAN TO BECOME LEGAL IN ROMANIA?
The legality of a construction erected without a building permit is the procedure to be followed to ensure that the building erected contrary to the provisions of the law complies with the legal provisions in all respects. The law that regulates the authorization for the execution of construction works is Law 50/1991.
In general, a building permit is required for the erection of a construction, but there are also special situations provided for by law when a building permit is not required. Article 11 of Act 50/1991 regulates the situations in which this document is not required. A building permit is not required for:
- Simple repair and/or maintenance works that do not alter the resistance structure or architecture of the building;
- Temporary constructions which do not occupy much space and are not intended for permanent use;
- Buildings necessary for agricultural activities;
- Fences or enclosing walls;
- Domestic outbuildings;
- Temporary installations for various cultural, sporting, social events.
AFTER HOW LONG IS A CONSTRUCTION WITHOUT AUTHORIZATION PRESCRIBED IN ROMANIA?
According to art. 31 of Law 50/1991, the statute of limitation for the sanctioning of persons who have built constructions without a building permit or in breach of it is 3 years, calculated from the date of completion of the works. Thus, only within this term can sanctions be imposed for violation of the rules on the authorization of construction works.
STEPS FOR BUILDING WITHOUT AUTHORIZATION
The legality of a construction for which the 3-year limitation period for contraventional liability has not yet expired, or a construction without authorization for which the 3-year time limit for the application of the contraventional sanction has expired.
In the first case, the legality of the infringement is established by fining the developer or the owner and setting a time limit for obtaining authorization.
Thus, in this case, the first step in obtaining a building permit is to carry out a technical survey of the construction. This step involves consulting a specialist, carrying out an expert’s report on the quality of the construction to ensure that it complies with the legal requirements for erecting the building and an urban planning expert’s report to ensure that it complies with the urban planning regulations of the area in which it is being built.
The next step is to draw up a cadastral documentation, including the necessary documents such as the technical project, the urban planning certificate and the title deed.
Finally, the permit fees and the fine resulting from the initial sanction for building without a permit are paid, and if everything is in order, the permit is issued legalizing the construction.
The entry into legality when the contraventional fine can no longer be applied, i.e., after the 3-year statute of limitations has expired, is made according to art. 37 para. (6) of Law 51/1991.
Thus, if this term has expired and the real estate developer or the owner has not been penalized for the erection of a building not in compliance with the law, the only way to make it legal is to obtain a document attesting the construction of the building called attestation/certificate of attestation of the construction of the building.
For the issuance of this document, a technical expertise is carried out to verify compliance with the applicable fundamental requirements regarding the quality of construction and the compliance with urban planning regulations, in compliance with the relevant legal provisions and the necessary cadastral documentation. If one of the requirements imposed by the legislator is not met, the certificate will not be issued.
DOCUMENTS REQUIRED TO BECOME LEGAL
If we are in the first hypothesis presented above, the necessary documents for the legality of a construction without authorization are:
- Title deeds;
- Extract of the Land Registry and cadastral documentation;
- DT documentation – DTAC and DTOE (if applicable);
- Site notices and necessary agreements;
- MLPAT technical expertise;
- Verification reports prepared by specialists;
- Environmental Opinion;
- Proof of payment of related fees.
In the second hypothesis, the following documents are required for the issuance of the construction attestation certificate:
- MLPAT expertise;
- Technical memorandum and architectural plans (if applicable);
- The note of finding;
- Updated CF extract;
- Cadastral documentation;
- Property deeds;
- Copy of identity card.
