By: Alina Moldovan
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Legal Update – August 2020
The following acts were published, among others, in the Official Journal of Romania, Part I, over the period August 11th – August 21st, 2020:
I. LAW NO 171/2020 AMENDING LAW NO 50/1991 ON THE AUTHORIZATION OF THE EXECUTION OF CONSTRUCTION WORKS
The Law was published in the Official Journal of Romania, Part I, No 730 on August 12th, 2020.
Which provisions of Law No 50/1991 were amended?
The provisions regarding the penalties applicable for works executed in breach of the permitting provisions were amended as follows:
A. The following facts, among others, are considered offences1:
1. The absence of a permit for full or partial execution or demolition by the investor and the contractor of the following works:
✓ Construction, re-construction, consolidation, modification, extension, rehabilitation, change in destination or repair of constructions of any type, and of the related installations2;
✓ Construction, re-construction, modification, extension, repair, repurposing and rehabilitation of communication ways of any kind, forestry roads, works of art, networks and technical and utility equipment, water management technical works, land development works, infrastructure installation works, works for new facilities for production, transport and distribution of electricity and/or heating, rehabilitation and revamping of existing installations and networks;
✓ Fencing and urban furniture, development of green areas parks, playgrounds, recreational areas, markets and other public spaces development works;
✓ Drilling and excavation necessary for geo-technical surveys and geological surveys, design and opening of quarry and gravel pit operations, gas and oil pits, as well as other ground, underground and under-the-sea exploitations;
✓ Temporary works, arrangements and constructions necessary for the site organization for works execution, according to the law3;
✓ Organization of tent, cabins or RV camps;
✓ Temporary construction works: kiosks, stalls, cabins, exhibit spaces, posting units and boards, logos and advertising, canopies and pergolas placed on the public ways and spaces, as well as household annexes of agricultural exploitations located outside the built-in area of localities;
✓ Cemeteries – new and extensions.
The facts listed under chapter A, par. 1, shall be punished by a fine worth RON 1,000 up to RON 100,000.
2. The execution or demolition, in breach of the provisions of the permit and technical specifications design, of the works laid down in chapter A, par. 1, above as well as the continuation of execution of authorized works without applying for a new building permit, according to the law4, by the investor and contractor.
The facts listed under chapter A, par. 2, shall be punished by a fine worth RON 5,000 up to RON 20,000.
B. The following facts, among others, are considered crimes:
1. The execution, in the absence of a building or demolition permit, or in breach of the provisions thereof, of construction, re-construction, extension, repair, consolidation, protection, restoration, preservation works as well as of any other works, irrespective of their value, to be executed on all categories of historical monuments provided by the law – monuments, complexes, sites – as well as on their annexes, identified in the same property – land and/or constructions, on constructions located in the protection area of historical monuments and in protected developed areas, classified as such by the law, or on constructions of particular architectural or historical value, classified as such by approved urbanism documentations, with the exceptions set by the law.
The facts listed under chapter B, par. 1, shall be punished by imprisonment from three (3) months up to one (1) year, or with a fine.
II. ORDER NO 2673/2020 SUPPLEMENTING ORDER NO 791/2020 OF THE MINISTRY OF ECONOMY, ENERGY AND BUSINESS ENVIRONMENT ON THE ISSUANCE OF EMERGENCY SITUATION CERTIFICATES FOR ECONOMIC OPERATORS THE ACTIVITY OF WHICH WAS IMPAIRED BY THE PANDEMIC OF SARS-CoV-2
The Order was published in the Official Journal of Romania, Part I, No 730 on August 12th, 2020.
What provisions of Order No 791/2020 were amended?
The granting of a new term for the issuance of the emergency situation certificates.
• What is the new term?
August 1st – September 15th, 2020.
• Who issues the emergency situation certificates?
They shall continue to be issued by the Ministry of Economy, Energy and Business Environment.
• What operators may apply for emergency situations certificates?
The economic operators whose activity was impaired by the effects of the COVID-19 pandemic during the state of emergency (lockdown).
• Are there any change in the procedure used to issue the emergency situation certificates?
1 Unless they were committed in such conditions that they may be considered crimes.
2 Except for the works that may be executed without a building/demolition permit according to the law.
3 Law No. 50/1991, article 7 par. (1) and par. (13).
4 Law No. 50/1991, article 7 par. (15).