Real estate legislation update

March 29, 2011 at 12:08 pm | Posted in Legislative Outreach, News from Members | Leave a comment
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The first two months of 2011 brought some noticeable changes in the Romanian legal environment. We share a brief here from the newsletter that our members Lina & Guia SCA issued.

We will focus on the real estate updates: the modifications to the legal framework on territorial management and urbanism.

The Law no. 350/2001 on territorial management and urbanism was amended and supplemented by the Government`s Emergency Decision no. 7/2011 (published in the Official Gazette no. 111 of 11 February 2011).

As mentioned in the newsletter, the most relevant provisions refer to:

1. The responsibilities and attributes of central and local public authorities: new articles and completions were introduced regarding the role of the president of the County Council, of the mayor, as well as activity of the chief-architect in territorial planning and urbanism.

2. The possibility of communes to associate for organizing in common the specialised structure on the territorial management and urbanism:  intercommunity development associations for assuring in common the public services on urban and territorial planning, issuance of urban certificates and building permits, or delegate the respective attributions to the specialised structure on county level, based on an agreement.

3. The changes in the framework for modifying the urban planning documentations’ method (detailed urbanism plan – PUD – or a zonal urbanism plan – PUZ. Realisation of a new zonal urbanism plan can be initiated by a private investor, for same specific construction functions. It can be initiated only after a notice of opportunity is issued by the chief architect and approved by the authorities in charge.

4. Extension of the general urbanism plan – PUG – validity term: no longer than 2 years, until the enforcement of the new urbanism plan. For the communes or cities with a population under 10,000 citizens, if an update is not necessary, the validity period can be directly extended with maximum 3 years, based on the advice of the county chief-architect.

5. New list of areas for which issuance of a zonal urbanism plan (PUZ) is compulsory: central areas of localities, built protected areas, industrial activities and technological parks, areas de-signed for hypermarkets and/or com-mercial parks, production areas, cultural parks, transport infrastructure, new areas of residential development, areas subject to restructuring or urban regeneration, coastal area or the shore protection area, for a minimum depth of 200 m; other areas established by the public authorities for homogeneous areas or for areas larger than 10.000 sq.m.

6. Interdiction to obtain legality status for constructions erected illegally: Starting with 1 January 2012, it is forbidden to initiate and approve urban planning documentations whose purpose is to obtain compliance for constructions built without permit or without observing the building permit.

7. Annulment of decisions approving urban planning documentation issued without observance of the law is to be required by the prefect.

Another important change is the introduction of the Methodology considering the information and consultation of the public on the matter of elaboration or reviewing the plans of territory management and urbanism, approved by the Ministry of Regional Development and Tourism as Order no. 2701/2010 (published in the Official Gazette no. 47 of 19 January 2011).

The documentation is particularly useful to the civil society as a tool to monitor and interfere in the process of developement of their community. It determines the mandatory components and steps of the information and consultance of the public for the urban planning documentations in course of elaboration or approval. The urban planning documentations approved without respecting the new methodology are null and void.

Georgiana B.

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