The disputes between neighbors in Romania on various aspects of property rights, such as the minimum distance between constructions, not respecting the view to the neighboring fund, non-compliance with the minimum distance from the border or the minimum distance for trees are common practice, reason why Pavel, Margarit & Associates Romanian Law Firm presents in this article the applicable legal framework, the consequences of non-compliance with the provisions as well as the important aspects that should be considered to avoid a dispute between neighbors on the property right in Romania. Contacting a specialized lawyer in Real Estate and Construction as well as in property disputes is substantial in this area of practice, because the advice of a specialist can prevent a dispute between neighbors on property rights in Romania, his contribution being essential on drafting a real estate due diligence report in Romania, which analyzes the legal situation of the property, drafting / revising pre-agreements or sale-purchase agreements, registering various documents at the competent authorities and verifying the information contained in such documents, in many cases the source of disputes between neighbors in Romania being the erroneous information thus contained.
Minimum distance between constructions
According to the Romanian legislation, any constructions, works or plantations in Romania can be done only with the observance of a minimum distance of 60 cm from the border, unless otherwise provided by law or urban regulations, so as not to prejudice the rights of the owner. The owners may give their consent, by means of a legalized document, for the construction of the buildings or the establishment of the plantations at a distance less than that provided by the Romanian law.
Minimum distance for trees
In the absence of the provisions contained in the Romanian legislation, urban regulations or local custom, the trees shall be planted at a distance of at least 2 meters from the border, except those shorter than 2 meters, plantations and hedges. In this case, the distance of 60 cm from the border shall be observed.
In case of non-compliance with the distance, the owner is entitled to request the removal or, as the case may be, the cutting, at the appropriate height, of the trees, plantations or hedges, at the expense of the owner of the fund.
A very important aspect is that the owner has the right to request the removal of trees and hedges planted at a distance less than the legal one, even if he/she did not respect this distance when he/she planted on owner’s land. Pavel, Margarit & Associates Romanian Law Firm recommends contacting to a specialized lawyer in Real Estate and Construction, as well as in property disputes, who in the event of a dispute between neighbors in Romania can successfully defend the interests and rights of the client, the legislation in this area practice being complex, can be misconstrued and it is closely linked to other applicable provisions.
View to the neighboring fund
It is not allowed to set up a window or an opening in the common wall except that created with the consent of the owners because this is an act of material disposition in Romania.
It is also mandatory to keep a distance of at least 2 meters between the fund, fenced or unrestricted, belonging to the neighbor and the window for view, the balcony or other such works that would be oriented towards the fund. The window, the balcony or other such non-parallel works with the border are prohibited to be set up at a distance of less than one meter. It should be noted that it does not matter whether the property of the owner is fenced or not.
Pavel, Margarit & Associates Romanian Law Firm considers this prohibition as a limitation of the property right because the owner is obliged not to build on the way he/she wants to build.
However, the provisions do not exclude the owner’s right to open, without limitation of distance, a light window if it is constructed to obstruct the view to the neighboring fund. Disputes between neighbors in Romania regarding this aspect are often encountered in practice, the owners being thus forced to cover the window located without complying with the legal provisions, thus blocking the view to the neighboring fund.
Penalties and consequences for non-compliance with good neighborliness
If the owner causes, by exercising his/her right, inconveniences greater than the normal ones met in the neighborhood relations in Romania, the court may oblige the owner to compensate, as well as to restore the previous situation, when this is possible.
If the damage caused would be minor in relation to the necessity or utility of carrying out the prejudicial activity, the court will be able to approve the development of that activity, but the injured party has the right for compensation.
In case of non-compliance with the property rights limits, the disputes between neighbors in Romania can be settled by a final court decision which represents an enforceable title and which forces the party that did not comply with the legal or conventional obligations to do so. The Aut facere obligation is enforceable. If the debtor refuses to fulfill an obligation as per an enforceable title within 10 days from the communication of the conclusion approving the execution, the creditor may be authorized by the enforcement court to accomplish it by himself/herself or by third parties, at the expense of the debtor.
At the same time, if within 10 days from the communication of the decision approving the enforcement upon the debtor, he/she does not execute the obligation to do or not to do, which cannot be fulfilled by another person, he/she can be forced to fulfill it, by applying some penalties, by the enforcement court. When the obligation is not valued in money, the court notified by the creditor may oblige the debtor to pay in favor of the creditor a penalty from 100 lei to 1,000 lei, established per day of delay, until the execution of the obligation provided in the enforcement title. When the obligation is assessable, the penalty can be set by the Romanian court between 0.1% and 1% per day of delay, the percentage being calculated from the value of the object of the obligation.
The penalty may be removed or reduced, by way of an enforcement appeal, if the debtor executes the obligation provided in the enforcement title and proves the existence of a good reason that justifies the delay in execution.
Pavel, Margarit & Associates Romanian Law Firm has vast experience and numerous specialized lawyers in Real Estate and Construction, as well as property disputes in Romania representing over time both Romanian and foreign citizens, expertise which is internationally recognized for the sixth year in a row by the International Guide Legal 500, the Company being ranked on the 4th place.
Pavel, Margarit & Associates Romanian Law Firm is one of the top law firms in Romania, offering top legal advice. The Romanian law firm’s clients are foreign and top local companies and high worth individuals. In 2022, the success stories of the Romanian Law Firm have brought recognition from the most prestigious international guides and publications. The firm was ranked third place in Romania by the Legal 500 publication. The Romanian law firm is also recognized by IFLR 1000 Financial and Corporate Guide 2022. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm can be found on the website www.avocatpavel.ro.