The draft Code of Territorial Planning, Urbanism, and Construction (the Urbanism Code) has recently been approved by the General Secretariat of the Government, on March 29, 2023. Of course, the government’s approval is just one of the steps in implementing the new rules, as the Urbanism Code must also be approved by parliament, promulgated by the president, and then published in the Official Gazette.
One of the aspects proposed by the draft Urbanism Code is the performance of certain construction works without the requirement of having a building permit in place.
For example, in rural areas, it will be possible to build – with only a notification sent to the local public administration authority competent by law to issue building permits (the municipality) – single-family dwellings for own use, with a ground floor, without a basement, and with a maximum area of 150 square meters. Such buildings are subject to compliance with the applicable planning regulations and based on standard plans provided by the public authorities, with respect for local specificity. The notification should be made by completing a notification form and attaching a technical execution project with simplified content. The submission of the notification form and related project can be done in writing or digitally.
Although this measure may seem a little controversial to some, as too much freedom could create chaos, many argue that it will lead to greater rural development and economic growth in rural areas. The legislative change supports those who want to build a smaller and more affordable home in the countryside, without having to wait for a building permit.
However, certain legal requirements still need to be followed in such instances. In all cases, notification regarding the execution of construction works shall be given prior to the commencement of the works. The notification stands as an affidavit given by the beneficiary that the conditions for carrying out the construction works have been met solely based on the notification. The beneficiary can start building the house at least 15 business days after the notification is sent to the local authority, even in the absence of a response from the municipality. The time limit for completion of the notified construction works is three years from the expiry of the 15-day post-notification period.
