constructions built without a permit Archives - Pavel, Margarit and Associates

Illegal Constructions in Romania. What Changes Have Been Introduced by the New Urban Planning Code? On August 10, 2026, Law no. 169/2026 on the Spatial Planning, Urban Planning and Construction Code was published in the Official Gazette of Romania. The law entered into force on August 25, 2026, replacing the previous regulations contained in Law no. 50/1991 on the authorization of construction works and Law no. 350/2001 on spatial planning and urban planning. The new Urban Planning Code in Romania introduces solutions for owners and investors who are carrying out construction works outside the legal framework, by introducing the possibility of obtaining a regularization permit. In this context, the Romanian Law Firm Pavel, Mărgărit and Associates can provide legal assistance in assessing the conditions under which a construction in Romania may be regularized, reviewing the urban planning documentation and the legal status of the property, as well as assisting the owner or investor in dealings with the competent authorities. A real estate lawyer in Romania can provide legal support throughout the steps required to legalize a construction built without a building permit, from assessing eligibility to preparing and submitting the necessary documentation. Have You Built Without a Building Permit or in Breach of the Building Permit in Romania? How Can You Legalize the Construction Through a Regularization Permit? There are two situations in which construction works may require regularization: they were carried out without a building permit or in breach of the existing building permit. In such cases, pursuant to Article 301 para. (1) of Law no. 169/2026 on the Spatial Planning, Urban Planning and Construction Code, the holder of the works is required to apply for the issuance of a regularization permit from the competent public administration authority empowered to issue the building permit. Obtaining such a permit requires compliance with certain conditions provided by law for the legalization of the construction works. “For an owner or investor in Romania, discovering that construction works do not comply with the building permit or were carried out without a permit can create significant uncertainty. The lawyer’s role is to quickly clarify what legal solutions are available, whether regularization is possible and what the correct steps are, so that the legal status of the construction can be resolved with as few risks and obstacles as possible,” stated Lawyer Dr. Radu Pavel, Managing Partner of the Romanian Law Firm Pavel, Mărgărit and Associates. Have you built without a permit? Speak with a lawyer specialized in urban planning and construction to determine whether the property can be regularized and what steps are required to bring it into compliance with the law. The Romanian Law Firm Pavel, Mărgărit and Associates provides legal services for the regularization and legalization of constructions. Do not navigate these challenges alone. Contact us today for expert legal assistance tailored to your needs. Contact Us Real Estate Lawyer in Romania. How Can a Construction Built Without a Permit Be Legalized? The fact that a regularization permit may be issued does not mean that it can automatically be granted for all construction works carried out without a building permit or in breach of an existing building permit. Article 301 para. (2) limits the categories of constructions that may benefit from the regularization regime, depending on several criteria. In addition, Article 301 para. (3) sets out a series of conditions that must be met cumulatively in order to obtain the regularization permit. Real Estate Lawyer in Romania. What Is a Regularization Permit for Constructions Built Without a Permit? The regularization permit is a legal mechanism expressly regulated by CATUC, aimed at remedying the legal status of construction works carried out outside the applicable authorization regime, namely constructions built without a building permit or in breach of an existing permit. It is issued by the authority competent to issue the building permit, provided that all conditions laid down by law are met. Legal assistance from a real estate lawyer in Romania is recommended to ensure that the entire procedure for applying for a regularization permit is properly followed. Steps for Legalizing a Construction in Romania: What the Owner Must Do to Obtain a Regularization Permit Following the steps required to legalize a construction built without a permit in Romania must be assessed in light of the new legislative framework, which has taken over and reorganized the rules governing the authorization of construction works, previously regulated mainly by Law no. 50/1991. If you are in a situation where you wish to apply for a regularization permit for a construction in Romania, an application may be submitted to the competent public administration authority that is also empowered to issue the building permit, using Form F_AR_01 provided in Annex no. 2 to Order no. 975, published in the Official Gazette of Romania no. 711 of August 26, 2026. The form sets out the required documentation, namely technical expert reports, the Land Book excerpt, proof of payment of the applicable fees and, where appropriate, other documents. Construction Lawyer in Romania. House Built Without a Building Permit: Under What Conditions Can It Be Legalized? A house may be subject to a regularization permit only if it cumulatively meets certain criteria. The permit may be issued if the legal requirements are fulfilled. If not all conditions are met, where technical solutions are available, pursuant to para. (6) and para. (10), the local public authority may require the obtaining of a building permit or the partial demolition of the construction, or may require works to be carried out in order to bring the construction into compliance with the applicable urban planning regulations and technical requirements regarding construction quality in Romania. If it is established that the works cannot be brought into compliance, there is a risk that the constructions carried out may have to be demolished. In such a case, a construction lawyer in Romania may facilitate the process of obtaining the regularization permit, while also being able to protect the beneficiary’s interests where necessary. What Types of Constructions Built Without a Permit in Romania Can Be Legalized Through a Regularization Permit Paragraph (2) of Article 301 lists the categories of constructions for which a regularization permit may be issued: balcony enclosure works, provided that they do not extend onto public property. single-family homes with a ground floor or ground floor plus one upper floor, with a maximum gross built area of 150 sq m, provided that they are not listed as historical monuments and are not located within protected areas or protection zones of historical monuments in Romania; residential outbuildings and household annexes, such as garages, storage buildings, etc.; ancillary buildings serving agricultural holdings, subject to the 150 sq m limit; What Other Constructions in Romania Can Be Regularized Until August 2027? As an exception to para. (2), for a period of one year, until August 25, 2027, a regularization permit may also be requested for other categories of constructions carried out in breach of the issued permit or without such a permit. However, compliance with urban planning regulations and construction quality requirements in Romania, payment of the applicable fees, and the application of administrative sanctions are still required. In addition, the amount of the contributions due for state construction control and the fees for the urban planning certificate and building permit is 10 times higher than the amount that would have been payable if the works had been carried out legally. What Constructions Can Be Built Without a Building Permit in Romania? Law no. 169/2026 on the Spatial Planning, Urban Planning and Construction Code establishes, under Article 299, a series of works that may be carried out without a building permit and without prior notification to the local public administration authorities. Among the construction works that may be carried out without any formalities are: Interventions on existing constructions, outside protected areas, such as repairs to fences, roofs, joinery, finishes, installations, heating and air-conditioning systems, fire safety works, certain telecommunications equipment, photovoltaic panels, infrastructure maintenance works and other similar interventions that do not substantially alter the construction. Landscaping and improvement works, such as front gardens, utility connections and hookups within the property, retaining walls, access stairs, removable terraces, pergolas, funeral structures and certain improvements to pedestrian and road infrastructure. New ancillary structures in rural areas, related to single-family homes, such as covered terraces, pergolas, summer kitchens, kiosks, storage sheds or sanitary facilities, provided that they have a maximum cumulative area of 20 sq m, a maximum height of 2.5 m, are built without foundations, are temporary and removable, are made on a timber or metal structure, and comply with local urban planning rules and the Romanian Civil Code. What Are the Conditions for Obtaining a Regularization Permit in Romania? In order to obtain a regularization permit, it is necessary to cumulatively comply with the requirements imposed by environmental protection legislation and with the urban planning regulations in force in Romania. In addition, the holders of the works must ensure compliance with the fundamental requirements provided under Article 386, such as fire safety, safety and accessibility in use, mechanical resistance and stability, as well as hygiene, health and environmental protection. The assessments are carried out on the basis of technical expert reports prepared by certified experts in the relevant field. In the case of special-purpose properties belonging to institutions within the SNAOPSN system, a specific set of regulations must also be observed. Real Estate Lawyer in Romania. Challenging the Refusal to Issue a Regularization Permit The issuance of a regularization permit may be refused by the authorities, or the application may remain unresolved within the time limit provided by law. In such situations, the grounds underlying the refusal must be analyzed, and in the event of an unjustified refusal or failure to resolve the application within the statutory time limit, the injured party has the right to bring the matter before the administrative court, pursuant to Law no. 554/2004. A lawyer specialized in real estate law in Romania can review the reasons that led to the refusal, initiate the necessary legal proceedings and represent the person before the court. 100% Increased Tax for Constructions Built Without a Permit in Romania Paragraph (11) of the article provides that, in the case of works carried out in breach of the building permit or without complying with the legal authorization procedures, if they were not regularized before the entry into force of the Code, the tax is increased by 100% for the period starting from the identification of the situation until the regularization permit is obtained or until the works are demolished. Payment of the tax does not exempt the offender from the obligation to pay the applicable sanctions and does not affect whether the property meets the required eligibility criteria. The regulations governing the authorization of construction works in Romania, previously known mainly through Law no. 50/1991, have been taken over and reorganized under the new legislative framework. In conclusion, although the regularization permit is intended to simplify the process of bringing a construction into legal compliance, certain obstacles may arise when carefully assessing the applicable urban planning, technical and legal requirements. In this regard, a construction lawyer in Romania can provide assistance with the steps required to bring the construction into legal compliance, as well as with reviewing the necessary documentation. In conclusion, although the regularization permit is intended to facilitate the process of bringing a construction into legal compliance in Romania, the procedure requires a careful assessment of the applicable urban planning, technical and legal requirements. A construction lawyer in Romania can assist you in correctly following the steps required to bring the construction into legal compliance, including by analyzing the applicable regulations, the relevant provisions of Law no. 50/1991, as well as the obligations concerning the legalization of constructions and the tax applicable to constructions built without a permit. An early legal assessment can reduce the risk of sanctions, administrative refusals or delays in regularizing the legal status of the property. The Romanian Law Firm Pavel, Mărgărit and Associates is one of the leading law firms in Romania, providing legal services of the highest quality. The law firm’s clients include major multinational and domestic companies. In 2026, the law firm’s success stories brought it international recognition from some of the most prestigious international legal directories and publications. Thus, this year, Pavel, Mărgărit and Associates ranked 3rd in Romania in the ranking of business law firms with the most relevant expertise, published by Legal 500. The law firm is also internationally recognized by the IFLR 1000 Financial and Corporate 2026 guide. In addition, Pavel, Mărgărit and Associates is the only law firm in Romania recommended by the London-based international directory Global Law Experts in the Dispute Resolution practice area. All relevant information about Pavel, Mărgărit and Associates can be found on the portal www.avocatpavel.com.

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Have You Built Without a Building Permit in Romania? How Can You Legalize the Construction Through the Regularization Permit Provided by the New Urban Planning Code

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