Av. Tasiana Timofticiuc
1. Obtaining an Urban Planning Certificate
The first step is to request the issuance of an Urban Planning Certificate. This document informs the applicant about the legal, economic, and technical status of the land and existing buildings. It also details the urbanistic requirements that must be met and lists the approvals necessary to obtain the permit and should specify the applicant’s obligation to contact the authority responsible for environmental protection.
It is important to note that obtaining an urban planning certificate does not grant permission to begin the construction works.
In contrast, in about half of the EU countries, both the Urban Planning Certificate and the Building Permit are requested in a single step. Additional information about the required requirements can be obtained through preliminary consultations with the relevant authorities. These consultations, however, are generally not mandatory, and the authority is not obligated to take any further action.
i. Who Can Request the Urban Planning Certificate?
According to Article 44 of the Methodological Norms of Law No. 50/1991, any natural or legal person holding a real property right may request the Urban Planning Certificate for the purpose of obtaining a Building Permit.
In construction contracts, this person is considered the Employer. The Certificate can also be requested by investors or by an authorized representative, such as a consultant, designer, or any other legal or natural person involved in the management or design of construction works.
In the Romanian case-law have been established that there must be a clear identity between the holder of the building permit and the holder of the Urban Planning Certificate when the purpose of the certificate is to prepare the documents required for the permit.
ii. Can the Obligation to obtain the Planning Documents be transferred?
The law restrictively outlines which persons the Employer, as the holder of the real property right, can delegate the task of preparing and submitting the necessary documents for the Urban Planning Certificate. The property owner can assign this task to a proxy, in accordance with legal conditions. This proxy can be a consultant, designer, or any other natural or authorized legal person engaged in managing or designing construction works.
A relevant example is found in the General Conditions of the FIDIC Yellow Book, where the Contractor is responsible for obtaining licenses, permits, or approvals, although they can request assistance from the Employer. The parties may agree within the Special Conditions of the Contract or related documents who will be responsible for obtaining the required administrative planning documents.
On the other hand, the Romanian Civil Code specifies that it is the Employer’s responsibility to secure all necessary permits for the execution of construction works, with the Contractor required to cooperate and provide the necessary information. By referring to the FIDIC contract’s General Conditions, the parties may waive the Civil Code’s provisions regarding who must obtain the documents, but this transfer must comply with legal requirements.
2. Obtaining the approvals mentioned in the Urban Planning Certificate
Next, the law mandates that the approvals and licenses mentioned in the Urban Planning Certificate must be obtained. This step occurs before submitting the documents for the Building Permit to the relevant public authorities. These licenses, together with the environmental protection authority’s opinion, will be included as part of the Building Permit application.
i. Who is responsible for obtaining the licenses and approvals?
The licenses and approvals listed in the Urban Planning Certificate must be requested by the Investor or the Employer. Depending on the specific type of approval or license, the issuer and the applicant may vary.
Certain approvals related to public utilities or construction quality requirements must be obtained by the issuer of the Building Permit, aiming to streamline the permit process.
Finally, there are approvals required for construction in areas with restricted regulations. These must be obtained by the applicant for the building permit.
3. Drawing up the Technical Documentation
The next step is to prepare the Technical Documentation. This documentation must be completed by authorized designers, either natural or legal persons.
The Technical Documentation must comply with the requirements set forth by the Urban Planning Certificate, the environmental protection authority’s conditions, and the licenses and approvals outlined in the Urban Planning Certificate.
The framework content for the Technical Documentation is set up in Annex No. 1 of Law No. 50/1991, listing the required written and drawn materials to be submitted for authorization.
It’s essential to remember that if there are modifications to the approved construction plans, a new building permit must be requested, accompanied by a revised technical documentation reflecting the changes.
Thus, Technical Documentation is crucial for ensuring the accuracy and legality of the construction process, underscoring the importance of following the legal procedures in its preparation.