Legal Update – September 2021
Some of the most important legislative updates of September 2021 in the matter of permitting of construction works, land development and urbanism include:
CHANGES IN THE DECISIONS REGARDING THE SUSPENSION OF ZONAL
URBANISM PLANS FOR THE BUCHAREST DISTRICTS
The General Council of Bucharest Municipality (hereinafter referred to as the “GCBM”) had adopted, in the meeting held on February 26th, 2021, several Decisions regarding the suspension of PUZs of Bucharest Municipality1 (hereinafter jointly referred to as the “PUZ Suspending Decisions”).
In the meeting held on September 1st, 2021, the GCBM adopted several decisions2 (see below) which amended the PUZ Suspending Decisions.
For a better understanding of the amendments recently adopted, you may find below a summary of the measures ordered by the PUZ Suspending Decisions:
1. Suspension of PUZ for Bucharest Districts
The Bucharest districts PUZs were suspended for a 12-month term starting with the effective date of the PUZ Suspending Decisions.
2. Impact of suspension of Bucharest District PUZs on the urbanism certificates
2.1 The suspension of the district PUZs does not impact the validity of the urbanism certificates for permitting, issued before the PUZ Suspending Decisions were adopted.
2.2 The urbanism certificates to be issued during the period of suspension of the district PUZs shall be governed by the provisions of the urbanism documentations adopted before the decisions approving the district PUZs.
3. Impact of suspension of Bucharest District PUZs on the building/demolition permits
3.1 The suspension of the district PUZs does not impact the validity of the building/demolition permits pending issuance and for which urbanism certificates were already issued based on the decisions approving the district PUZs.
3.2 The building/demolition permits to be issued over the period in which the district PUZs are suspended shall be governed by the provisions of the urbanism documentations adopted before the decisions approving the district PUZs.
The new decisions adopted in the GCBM session of September 1st, 2021, amending the PUZ Suspending Decisions, come to clarify the consequences of PUZs suspension on the urbanism documentations – PUD, PUZ, PUG – approved before the effective date of the PUZ Suspending Decisions.
Thus, it is clarified that the urbanism documentations – PUD, PUZ, PUG – approved before the effective date of the PUZ Suspending Decisions, which were not amended or terminated based on court decisions or urbanism documentations other than the ones approving the district PUZ, remain valid, for the entire validity period for which they were issued.
Consequently, the urbanism certificates and the building/demolition permits to be issued during the period of suspension of the district PUZs, shall be governed by the provisions of these urbanism documentations – PUD, PUZ, PUG – issued before the date when the district PUZs were suspended.
IN CONCLUSION, pursuant to the Decisions passed in the GCBM session of September 1st, 2021, the current situation is as follows:
• As regards the urbanism documentations (PUD, PUZ, PUG) – the suspension of the district PUZs does not impact the ones approved before the suspension provided that they had not been modified or canceled, as aforementioned;
• As regards the urbanism documentations for permitting:
✓ The effects of suspension do not apply in case of those issued based on the Decisions approving the district PUZs;
✓ The ones issued during the suspension shall be issued based on the urbanism documentations (PUD, PUZ, PUG) approved before suspension, provided that they were not modified or cancelled, as aforementioned;
• As regards the building/demolition permits:
✓ The effects of suspension do not apply in case of those pending issuance, for which the urbanism certificate for permitting was issued based on the district PUZs;
✓ The ones issued during the suspension shall be issued based on the urbanism documentations (PUD, PUZ, PUG) approved before suspension, provided that they were not modified or cancelled, as aforementioned.
APPROVAL OF THE LIST OF MEMBERS OF THE TECHNICAL COMMITTEE FOR LAND
DEVELOPMENT AND URBANISM
In its meeting held on September 30th, 2021, the General Council of Bucharest Municipality (hereinafter referred to as the “GCBM”) approved the list of members of the Technical Committee for Land Development and Urbanism (hereinafter referred to as the “TCLDU”)3, as follows:
Permanent members:
1. Toader Popescu;
2. Irina Popescu-Criveanu;
3. Veronica Ileana Marin;
4. Ilinca Păun Constantinescu
5. Ioana Tudora
6. Mihaela Hărmănescu
7. Cătălin Berescu
8. Andrei Răzvan Voinea
9. Petru Mortu
10. Andreea Liliana Pop
11. Bogdan Silviu Sandric
12. Bogdan Alexandru Suditu
13. Șerban Marinescu
Alternate members:
1. Radu-Matei Cocheci
2. Andrei Tudor Mihail
3. Marius-Cristian Streinu
4. Raluca Munteanu
5. Claudia Pamfil
What is the TCLDU?
• It is an advisory body established under the coordination of the presidents of the county councils and of the mayors of municipalities and cities, and of the general mayor of Bucharest municipality, respectively.
What are the powers of the TCLDU?
• To analyse, prepare technical expert reports, and offer consulting in supporting the activity of the chief-architect of the institution;
• To provide the technical substantiation underlying the chief-architect’s approval.
1 Decision suspending the Decision No 339/2020 of the General Council of Bucharest Municipality approving the Zonal Urbanism Plan for Bucharest 2nd district;
Decision suspending the Decision No 49/2019 of the General Council of Bucharest Municipality approving the Zonal Urbanism Plan for Bucharest 3rd district and the Decision No 717/2019 of the General Council of Bucharest Municipality rectifying the Decision No 49/2019 of the General Council of Bucharest Municipality;
Decision suspending the Decision No 443/2018 of the General Council of Bucharest Municipality approving the Zonal Urbanism Plan for Bucharest 4th district;
Decision suspending the Decision No 242/2020 of the General Council of Bucharest Municipality approving the Zonal Urbanism Plan for Bucharest 5th district;
Decision suspending the Decision No 68/2020 of the General Council of Bucharest Municipality approving the Zonal Urbanism Plan – PUZ for modification and updating of Coordinating PUZ for Bucharest 6th district and suspending the Decision No 336/2020 of the General Council of Bucharest Municipality rectifying the Decision No 68/2020 of the General Council of Bucharest Municipality.
2 Decision No 270/2021 amending Decision No 65/2021 of the General Council of Bucharest Municipality suspending the Decision No 339/2020 of the General Council of Bucharest Municipality which approved the Zonal Urbanism Plan for Bucharest 2nd district;
Decision No 271/2021 amending Decision No 66/2021 of the General Council of Bucharest Municipality suspending the Decision No 49/2019 of the General Council of Bucharest Municipality which approved the Zonal Urbanism Plan for Bucharest 3rd district and the Decision No 717/2019 of the General Council of Bucharest Municipality rectifying the Decision No 49/2019 of the General Council of Bucharest Municipality;
Decision No 272/2021 amending Decision No 67/2021 of the General Council of Bucharest Municipality suspending the Decision No 443/2018 of the General Council of Bucharest Municipality which approved the Zonal Urbanism Plan for Bucharest 4th district;
Decision No 273/2021 amending Decision No 67/2021 of the General Council of Bucharest Municipality suspending the Decision No 242/2020 of the General Council of Bucharest Municipality which approved the Zonal Urbanism Plan – Coordinating PUZ for Bucharest 5th district;
Decision No 274/2021 amending Decision No 69/2021 of the General Council of Bucharest Municipality suspending the Decision No 68/2020 of the General Council of Bucharest Municipality which approved the Zonal Urbanism Plan – PUZ for modification and updating of Coordinating PUZ for Bucharest 6th district and suspending the Decision No 336/2020 of the General Council of Bucharest Municipality rectifying the Decision No 68/2020 of the General Council of Bucharest Municipality.
3 According to article 37 par. (11) of Law 350/2001 on the land development and urbanism, the members of the committee must be certified professionals experienced in urbanism, architecture, historical monuments, archaeology, as well as experts in sociology, economics, geography, building engineers, urban network engineers, transport engineers.