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Building permit Date: 2009-03-18

In Bucharest, the issuing of the building permits falls constantly into the competence of the urban districts. Bucharest’s Lord Mayor is responsible for issuing a building permit only in the case that the building permit concerns land plots finding themselves outside the borders of the subordinated districts, respectively out of town, or concerns historical monuments.
The erection of a building project without having obtained the necessary building permit represents according to the Romanian Building Code a criminal offence, respectively a regulatory offence. Pursuant to the provisions of the Law no. 50/1991 on the authorisation of the building projects, namely pursuant to art. 26 para. (2), the erection of a building project without a building permit is punished with a fine amounting from RON 1.000 to RON 10.000.
Pursuant to the provisions of the Law nr. 376/2006, which became effective on October the 16th, 2006, the presidents of the local councils, the mayors and the local management bodies of the administrative authorities have to pursue and to ensure the observance of the public-legal provisions for the erection, the modification, the renovation, the expansion, the refurbishment or the change of the use of a building.
Should the natural or the legal persons not comply with the public-legal provisions, the aforementioned authorities are entitled to take the necessary measures, namely to impose a corresponding high fine on them or to address themselves to the court or police authorities. The regulatory offences can be established also by the police authorities.
In case constructions, which are not consistent with the public-legal provisions, are erected, modified or demolished, the building authority, after imposing a fine, will dispose that the building be stopped within the time limit established in the protocol for the ascertainment of the contravention. The building authority will establish also a time limit for obtaining such a building permit, respectively for achieving thus legality.
In case the measures established in the protocol for the ascertainment of the contravention are not taken within the time limit fixed by the building authority, an application will be submitted to the competent court of law. The court of law will dispose in this case the demolition or the harmonisation of the works with the permit provisions.
The demolition of the buildings erected on the land plots finding themselves in the public or private property of the state can be disposed by an administrative act at the expense of the offender, without informing the competent court of law. According to the most recent amendments of the Building Code, the aforementioned procedure can be started officially by the competent public administrative authority, or upon request of the owner or of the legal administrator of the land plot. Should the competent public administrative authority not perform the demolition procedure upon request of the owner or of the legal administrator of the land plot, the owner or the legal administrative of the land plot finding itself in the public or private property of the state can demolish the buildings erected without building permit within 15 calendar days from the date of the aforementioned application.
The buildings erected without building permit on the land plots finding themselves in the public or private property of districts, towns or communes, can be demolished by the competent administrative authority at the expense of the offender, without having to submit an application to the competent court of law.
In order to perform the aforementioned tasks, the competent public authorities can conclude legal contracts with specialized trading companies.
It should be noted, that all the legal provisions regarding the obtainment of a building permit have to be observed. The obtainment of the building permit is often regarded as a bureaucratic obstacle. Not obtaining the building permit can lead to unpleasant expensive situations, negatively influencing the completion, the modification or the demolition of the building projects.
 

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