We inform you that the next important legislative change in the field of constructions in Romania will come with the adoption of the draft law for the Code of Spatial Planning, Urbanism and Construction.
We mention that the adoption of this code was postponed until the autumn of this year, following the criticism expressed by industry professionals. The Order of Architects warned that the premature implementation of this code could lead to similar consequences to those in Turkey, in a context in which this new legislation would bring together regulations from the three areas mentioned, previously established by multiple normative acts.
The main normative acts to be included in this Code are:
Law no. 350/2001 on spatial planning and urbanism;
Law no. 50/1991 on the authorization of the execution of construction works;
Law no. 10/1995 on quality in constructions;
Order of the Ministry of Regional Development and Public Administration no. 233/2016 for the approval of the Methodological Norms for the application of Law no. 350/2001 on spatial planning and urbanism and on the elaboration and updating of urban planning documentation;
Order of the Ministry of Regional Development and Housing no. 839/2009 for the approval of the Methodological Norms for the application of Law no. 50/1991 on the authorization of the execution of construction works.
This Code comes with the intention of major reform of the three areas mentioned, facilitating an innovative reconciliation and approach to their specific processes. Also, the emergence of the Code of Spatial Planning, Urbanism and Construction, we hope that it will bring benefits such as debureaucratization, reduction of the number of opinions and agreements, as well as the introduction of new mechanisms to ensure more efficient, digitized administrative processes in line with quality standards in construction.
The code will also facilitate the clear identification of actors involved in specific processes, as well as a modern and efficient organization of specialized structures at county and local level, with competent human resources.
The adoption of the Code of Spatial Planning, Urbanism and Construction is considered necessary due to the identification of several problems lately, including:
Insufficient correlation of normative acts and the emergence of contradictions and inaccuracies between them;
A legislative vacuum that does not respond to concrete problems in administrative practice;
Unclear and interpretable provisions of some normative acts;
Inefficiency of control mechanisms and inadequate procedures in the field of construction discipline and control.
In order to ensure a coherent and adequate implementation of the Code, the steps towards bringing together the provisions of the three areas were taken two years ago, when, by GD no. 298/2021, the preliminary theses of the Code of Spatial Planning, Urbanism and Construction were approved.
Finally, we want this Code to contribute to a better organization and efficiency in the field of construction in Romania, and our team of lawyers is ready to provide you with support and assistance in navigating these legislative changes and protecting your interests in a constantly changing environment.