New rules for authorisation of construction works
01 November 2019
Facilitate the authorisation process
Accelerate the issuance of authorisations
Modernise and simplify the authorisation procedures
Reduced terms for the issuance of the urbanism certificate/building permit
The new rules provide for reduced issuance terms (i) for the urbanism certificate the term is reduced from 30 to 15 business days and (ii) for the building permit, in urgent procedure, the term is reduced from 15 days to 7 business days.
Novelties on the issuance of the urbanism certificate/building (demolition) permit
The urbanism certificate will aslo be issued in electornic format via e-mail upon request, as opposed to the previous regulation allowing only hard copy format of the urbanism certificate.
The law expressly provides that (i) the urbanism certificate and the building permit will cover the requirements for the authorisation of both the execution of the construction and connection to utilities works and (ii) in some cases, the authorisation of the demolition and the subsequent construction may be included in the same permit. Until such amendents, the connection to utilities works was generally authorised through a separate authorisation procedure, similar approach was taken in respect of demolition works followed by construction of a new building on the same plot.
The documentation necessary for obtaining the construction/demolition permit has been simplified or reduced for certain types of construction works (e.g. fit-out works, some types of consolidation, repairs, rehabilitation or extenstion works);
The amendments bring some clarifications and new rules for the situations when the construction works are (i) not started within the authorised term, (ii) not finalised within the validity term of the initial building permit or (iii) interrupted during the performance of the works.
The amended legislation provides for additional types of construction works for which a building/demolition permit is not required (e.g. certain works for the implementation of the legal fire safety measures, certain types of works to the buildings located in the protection area of a monument or protected areas or to buildings classified as historical monuments).
The building/demolition permit issued without the observance of all applicable legal requirements may be annulled by the prefect following the control activity performed by the Construction state Inspectorate. We are of a view that such wording is quite ambiguous, leading to the conclusion that the prefect will be able to anull a building /demolition permit, such matter will have to be further clarified in practice as normally an annulment should be ruled by a court of law or revoked by the issuing authority.
New approach regarding the approvals/endorsements required under the urbanism certificate
Certain types of works do not longer need to be approved /endorsed by the health protection authorities, environmental authorities or the Technical Circulation Commission, as applicable (e.g. consolidation works, fences, dismemberments and mergers, single-family households etc.);
The competent authorities can no longer require within the urbanism certificate approvals or endorsements that have no technical or legal grounds by reference to the proposed construction works.
Stricter rules for the authorities involved in authorisation process
The damages suffered by the operators or users of the utilities networks, that have been affected by the execution of authorised construction works due to an inaccurate identification of the said utilities’ networks by the operators/owners of the networks, shall be borne by the issuer of the incomplete or erroneus endorsements.
Strict rules and deadlines are introduced for the public authorities in respect of the internal processes for the issuance of the construction endorsements/approvals.
Specific new contraventions and fines are provided for the authorities that do not comply with the rules related to the issuance of the authorisations /endorsements in accordance with the law (e.g. in case of unjustified refusal to issue required permits within the legal terms).