AUTHORIZATION
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This documentation is intended to provide potential investors with full information regarding the construction permits needed for starting an investment in Romania.

Note: All legal documents are in Romanian.

The permits described below only refer to Timişoara; for other cities, you can access the websites of those city halls: Deva City Hall, Arad City Hall, Reşiţa City Hall. 

List of permits - source: Timişoara City Hall

1. Necessary construction permits:

1.1. Urban development certificate

1.2. Other approvals and permissions

1.3. Building permit plan

1.4. Approvals from the main utility providers


2.  Environment permit - source: Timiş Environment Protection Agency

Description of the permits


1.1. Urban development certificate

Deadline: 30 days. from the registration of the request

In order to obtain the urban development certificate, you need to sketch the future position of the building on a cadastral list and hand it to the Urban Development Office at the city/town hall.

The urban development certificate may state that, in order to obtain the construction permit, you need the approvals of the following companies/administrations (some may differ from one area to another; some permits may or may not be required, while others are mandatory):
·   The Cadastre Office - geologic report and certificate of removal of the plot from the agricultural circuit (if the plot is in an agricultural area)
.   water and sewerage network usage - Water National Company  
·   power grid use - Electrica
·   natural gas network use - Distrigaz
·   cleaning services;
·   telephone networks - Romtelecom
·   fire prevention - the Fire Brigade
·   civil protection - Local Air Raid Protection
·   public health - the Public Health Direction - SANEPID
·   Road and bridge administration
·   The Police - if the plot is in a special area
·   The Romanian Aviation Authority - if the plot is close to an airport
·   The Ministry of Defence, the Domestic Intelligence Service - if the plot is close to a military facility
·   The Ministry of Culture and Cults - if the plot is on an archaeological site or in an area of archaeological interest
·   environment protection - the Ministry of Water and Environment Protection
·   etc.

Note: the approval of the Ministry of Water and Environment protection is the last one issued, because all other approvals are prerequisites for it.

Documents needed when requesting the issuance of an Urban Development Certificate:

1. Documents needed for the issuance of an Urban Development Certificate for the removal from the agricultural circuit (application according to Ordinance no 839/12.10.2009):

  • Application form written by any natural or legal person interested, containing: the identification of the real estate property, cadastral number, and land register number
  • Proof of payment for the Urban Development Certificate (copy of the receipt)
  • Layout plan (1:500) - 2 photocopies and zonal plan (1:5000) - 1 photocopy, both issued by the Timişoara City Hall
  • Original, updated land registry extract (valid for 30 days)

2. Documents needed for the issuance of an Urban Development Certificate for building/demolition work (application according to Ordinance no 839/12.10.2009):

  • Application form written by any natural or legal person interested, containing: the identification of the real estate property, cadastral number, and land register number of the property, address, and purpose of the application
  • Proof of payment for the Urban Development Certificate (copy of the receipt)
  • Layout plan (1:500) - 2 photocopies and zonal plan (1:5000) - 1 photocopy, both issued by the Timişoara City Hall.

1.2. Other approvals and permissions

Depending on what you would like to build, the City Hall may require other documents, such as:

PUD - Detailed Plan, in compliance with the provisions of the previous urban development documents, 

PUZ - Zonal Urban Development Plan 

PUG - General Urban Development Plan

In order to be able to build on a plot outside the built-up area, it first needs to be included in the built-up area. The approval for the inclusion is issued by the Local Council.

Deadline for obtaining the approvals and agreements: 30 days.

1. Documents needed for obtaining the Prior Opportunity Permit needed for drafting a zonal urban development plan:

2. Documents needed for tax exemption:

  • Copies of invoices and receipts;
  • Hand-written application
  • Copies of the owners' identity cards, with their residence address:
  • Copy of the construction permit (if applicable)
  • Detailed land registry extract, copy, no older than 30 days (for real estate owners' associations)
  • A table listing the people that are part of the real estate owners' association, signed and stamped by the administrator
  • Photographs taken before and after the work

Tax payers are granted this favour if, at the time of handing in the file, they are not recorded in the fiscal registers as having debts.
The Fiscal Department of the city of Timişoara will check the compliance with this condition.
The exemption from the payment of the building tax is given for the whole year 2009 by the specialized service within the Fiscal Department of the city of Timişoara, based on the report written by the Urbanism Department.

3. Documents needed for the issuance of a copy of the construction permit/urban development certificate

  • Hand-written application mentioning the date of issuance of the construction permit/urban development certificate

4. Documents needed for the approval of the construction works for buildings without a construction permit in compliance with Law 50/1991

  • Hand-written application

1.3. Obtaining a Building Permit

How long does it take to obtain a building permit?

The time needed for obtaining a building permit can be calculated as a sum of the following elements:

  • Obtaining the urban development certificate: 30 days ;
  • Obtaining the approvals and agreements: 30 de days;
  • Obtaining the building permit: 30 days.

The technical project is carried out during all this period, overlapping with all the stages.

Documents needed for obtaining the Building Permit

1. Documents needed for obtaining the Building Permit (standard application form according to Ordinance no 839/12/10/2009):

  • Application form filled in and signed/stamped by the owner of the real estate property title in compliance with Law 540/1991, republished
  • Proof of payment for the Building Permit (copy of the receipt)
  • Original, up-to-date individual and/or collective extract from the land register (valid for 30 days)
  • Copy of the (valid) Urban Development Certificate
  • General work estimate
  • Approvals and agreements resulting from the legal situation per the land register
  • Approvals and agreements and/or tests depending on the building work applied for, as required in the Urban Development Certificate.

2. Documents needed for obtaining the Demolition Permit (standard application form according to Ordinance no 839/12/10/2009):

  • Application form filled in and signed/stamped by the owner of the real estate property title in compliance with Law 540/1991, republished
  • Proof of payment for the Demolition Permit (copy of the receipt)
  • Certificate of the taxable value of the building, issued by the Tax Department
  • Original, up-to-date individual and/or collective extract from the land register (valid for 30 days)
  • Copy of the (valid) Urban Development Certificate
  • General work estimate
  • Approvals and agreements resulting from the legal situation per the land register
  • Other approvals and agreements required in the Urban Development Certificate.

3. Documents needed for obtaining the Urban Development Certificate Extension (standard application form according to Ordinance no 839/12/10/2009):

  • Application form
  • Proof of payment of the Urban Development Certificate extension (copy of the receipt); 30% of the original fee paid for the urban development certificate)
  • The original Urban Development Certificate.

4. Documents needed for obtaining the Building/Demolition Permit Extension (standard application form according to Ordinance no 839/12/10/2009):

  • Application form
  • Proof of payment for the extension of the Building Permit (30% of the original amount paid for the building permit)
  • The original Building Permit
  • Original, updated land registry extract (valid for 30 days).

5. After the issuance of the Building/Demolition Permit, the following information must be communicated to the Timişoara City Hall and the Timiş Territorial Construction Inspector's Office, in compliance with Order 839/12.10.2009:

a) For Timişoara City Hall:

b) For Timiş Territorial Construction Inspector's Office:

6. Sample for the investment identification board - in compliance with Order 839/12.10.2009

1.4. Approvals from the main utility providers:

1. Technical Approval from Aquatim

 a) Documentation for the Timişoara City Hall:

  • Envelope;
  • Application form for Aquatim;
  • Urban Development Certificate Copy;
  • Land registry abstract copy;
  • Approval fee
  • The documents must be filed in at room 12, desk 11

b) Documents for Aquatim:

  • Binder folder;
  • Application form for Aquatim;
  • Urban Development Certificate Copy;
  • Land Registry abstract copy;
  • A plumbing installation report made by a specialized engineer;
  • A plan of the interior installations;
  • A calculation abstract;
  • A zonal plan + 2 layout plans
  • Receipt copy
  • The documents must be filed in at room 12, desk 11

2. Technical Approval from Enel Electrica

a) Documentation for the Timişoara City Hall:

  • Envelope;
  • Placement application;
  • Urban Development Certificate Copy;
  • Land registry abstract copy;
  • Approval fee
  • The documents must be filed in at room 12, desk 11

b) Documents for Enel Electrica:

  • Binder folder;
  • Placement application;
  • Technical sheet;
  • Urban Development Certificate Copy;
  • Land Registry abstract copy;
  • Technical documentation with plans;
  • Receipt copy
  • The documents must be filed in at room 12, desk 11

3. TECHNICAL APPROVAL FROM E-ON GAZ

a) Documentation for Timişoara City Hall:

b) Documentation for E-on Gaz:

  • Binder folder;
  • E-on Gaz application form;
  • Identity card copy;
  • Urban Development Certificate Copy;
  • Land Registry abstract copy;
  • 2 zonal plans;
  • 2 layout plans;
  • Receipt copy; The documents must be filed in at room 12, desk 11
  •  

2. The Environmental Permit

The Environmental Permit is the technical-legal written document issued by the territorial environment protection authorities, stating the terms and/or working parameters of an existing activity or the parameters for starting a new activity for which an environment agreement has previously been issued.

The list of significant impact activities that require an environmental permit the appendix  to the MMDD Order no 1798/2007)

Applying for and obtaining the environment permit is mandatory both for carrying out existing activities and for starting new ones. A revision of the environmental permit is carried out whenever there is a fundamental change in the data it relies on.

Minimally required documents when applying for the environmental permit according to MMDD Order no 1798/2007:

  • application for the issuance of the environmental permit - APPENDIX 1
  • presentation sheet and declaration with the content mentioned in APPENDIX 2
  • ***for the silviculture and forest exploitation activity carried out in the perimeter or vicinity of the Natura 2000 sites: Presentation and declaration sheet sample
  • proof that the application has been made public through at least one of the information methods mentioned in appendix  3 - APPENDIX 3
  • layout plan and zonal plan of the facility;
  • the report confirming compliance with all the terms set out in the environmental agreement drawn up according to the order issued by the Ministry of Water and Environment Protection no 860/2002 for the approval of the Procedure for assessing the impact on the environment and issuing the environmental agreement, with its subsequent amendments and additions or, as the case may be, the progress report for the existing compliance programme;
  • *** For permits concerning the activity of zoos, public aquariums, and rehabilitation/care centres, the documentation shall include the registration form mentioned in Table 1 in Appendix 5 to the MMDD order no 1798/2007, accompanied by the documents mentioned in this form - APPENDIX 4
  • *** For waste disposal activities, the documentation shall include the specific requirements mentioned in the Government's Emergency Ordinance no 78/2000 regarding waste, approved with some amendments in Law no 426/2001, in Government Decree HG 128/2002 regarding waste incineration, and Government Decree HG 162/2002 regarding waste storage.

The fees for the authorization procedure set out in the MMDD Order no 1108/2007 -  APPENDIX 5

No applications will be accepted that do not contain the documents mentioned above.

Applying for a new environmental permit is done at least 45 days before the existing environmental permit expires, the minimal documentation being the one mentioned above.

THE FULL ENVIRONMENTAL PERMIT

Legal framework:

  • The Government's Emergency Ordinance no 152/2005 regarding the integrated prevention and control of pollution, published in Romania's Official Gazette issue 1078 of November 30, 2005, approved with some amendments and additions in Law no 84/2006, published in Romania's Official Gazette issue 327 of April 11, 2006;
  • MAPAM Order no 818/2003 for the approval of the procedure of issuing the integrated environmental permit, published in Romania's Official Gazette issue 800 of November 13, 2003, amended by MMGA Order no 1158/2005, published in Romania's Official Gazette issue 1091 of December 5, 2005;
  • The general technical guide;

Minimally required documents when applying for an integrated environmental permit for activities regulated by the Government's Emergency Ordinance no 152/2005 regarding the integrated prevention and control of pollution, approved with some amendments and additions by Law no 84/2006::

  • application;
  • placement report, drawn up in compliance with the provisions of the General Technical Guide;
  • assessments concerning the environmental impact of the activities;
  • programme project for compliance in the case of existing installations;
  • proof of the publication of the public advertisement applying for the integrated environmental permit. The advertisement is kept public for 10 consecutive days starting from the day when the application was submitted, both in a local/regional/national daily newspaper and on the radio and TV;
  • proof of payment of the fee for the application verification (preliminary documentation analysis - 1,000 lei).