Law no. 169/2026 on the Code of Spatial Planning, Urban Planning and Construction (‘the Code’) was published in the Official Gazette of Romania (Monitorul Oficial), Part I, No 661 of 10 August 2026 and entered into force on 25 August 2026.
The Code represents a far-reaching overhaul of the legal framework governing spatial planning, urban planning and construction. Rules previously found in separate pieces of legislation, chiefly Law no. 50/1991 on the authorisation of construction works, Law no. 10/1995 on quality in construction and Law no. 350/2001 on spatial planning and urban planning, are brought together and restructured within a single legislative framework.
The changes are relevant not only to public authorities, architects and developers, but also to owners who intend to build, demolish a structure, alter a building or carry out a real estate transaction, as well as to investors in infrastructure and energy projects. This article explains what changes in respect of the urban planning certificate (certificat de urbanism), who may apply for a building permit and how energy projects fall within the category of engineering works.
1. What changes in respect of the urban planning certificate
The urban planning certificate is one of the first documents encountered by anyone wishing to carry out a real estate transaction or works on a building. Under Article 253(1) and (2) of the Code, it is the mandatory information instrument by which the public authority makes known the regulations, permissions and restrictions applicable to the property on the date of issue, and it does not confer the right to carry out construction or demolition works.
The Code pays greater attention to the purpose for which the urban planning certificate is requested and separately regulates several categories of certificate according to that purpose. These include, among others, certificates for:
- information;
- cadastral operations;
- construction or demolition of buildings and site developments;
- construction or demolition of engineering works;
- special-purpose constructions.
This distinction is important because the urban planning certificate does not perform the same function, nor does it have the same legal nature, in every situation, and the purpose for which it is requested must be correctly established from the outset. For example, the urban planning certificate for information is not an administrative act but contains general information that is identical for all applicants, whereas the other categories are individual administrative acts. A certificate may be issued simultaneously for several purposes and for one or more properties.
Cadastral operations carried out without an urban planning certificate are null and void (absolute nullity)
Mergers and subdivisions of plots, the registration of rights of way and the recording or re-recording of properties in the land register, in relation to the technical regime laid down in the approved spatial planning and urban planning documentation, as well as the related legal acts, carried out without the urban planning certificate for cadastral operations or in breach of its conditions, are subject to absolute nullity. By way of exception, the urban planning certificate for cadastral operations is not mandatory where engineering works are carried out.
2. How long it takes to issue the urban planning certificate
The time limits for issuing the urban planning certificate differ according to its category:
- certificate for information: no more than 5 working days where the authority has a functioning IT system (in which case the certificate is issued automatically) and, until that system becomes operational, no more than 10 working days;
- certificate for cadastral operations: no more than 10 working days;
- certificate for construction or demolition of buildings and site developments: no more than 15 working days;
- certificate for construction or demolition of engineering works: 15 working days from the submission of the application by the beneficiary of the works.
In practice, it is important first to identify the purpose of the application, since this determines the category of urban planning certificate and, by implication, the applicable procedural regime.
3. How long the urban planning certificate remains valid
In the case of the urban planning certificate for construction or demolition, the period of validity is set by the issuing authority at between 12 and 36 months from the date of issue, depending on the purpose of the application, the complexity of the investment and the urban planning characteristics of the area, as well as on the continued validity of the applicable urban planning documentation.
Depending on the project, there may be several successive stages: obtaining permits and approvals, preparing the documentation, obtaining the permit and fulfilling the other legal conditions. The validity of the urban planning certificate must therefore be monitored against the actual project timetable. A number of practical rules should be borne in mind:
- an extension must be applied for at least 15 working days before expiry and is granted for a maximum of 24 months, after which a new certificate must be issued; failure to observe this time limit results in the certificate ceasing to be valid;
- validity also ceases where the holder abandons the intention to build, in which case the holder is required to notify the issuing authority;
- where the certificate requires a PUZ (zonal urban plan) or PUD (detailed urban plan) to be prepared, it may be used for the purpose requested only after that documentation has been approved, and it remains valid for a further 12 months after approval;
- the rights and obligations attaching to the urban planning certificate and to the permits obtained transfer by operation of law to the new holder if the holder changes before the building permit is issued;
- urban planning certificates issued before 25 August 2026 (the date on which the Code entered into force) remain valid.
4. What to check in the urban planning certificate before starting a project
The urban planning certificate plays an important role in identifying the regime applicable to a particular plot of land and in establishing the conditions to be met in order to carry out the intended operation. Before starting a project, the following should be analysed, as the case may be:
- the legal regime of the land (ownership, other rights in rem, public-interest easements, location within or outside the built-up area (intravilan / extravilan), special protection regimes);
- the economic regime (current use, permitted or prohibited uses);
- the technical regime: the urban planning indicators (land occupancy ratio (POT) and floor area ratio (CUT)), height limits, setbacks, access to public roads and the availability of utilities;
- any restrictions or prohibitions;
- the need for additional urban planning documentation;
- the list of specialist studies and the full list of permits and approvals (avize și acorduri) required for construction.
In other words, the urban planning certificate is one of the starting points of the project, but the legal analysis cannot be reduced to the mere fact that one has been issued.
Are you preparing a real estate or energy project? We review the urban planning certificate and the permitting timetable before you invest in design.
5. The building permit under the Urban Planning Code
Under Article 246(1) of the Code, the building permit is the individual administrative act on the basis of which construction works may be carried out, in accordance with the measures laid down by law concerning the siting, design, execution, operation and post-use of constructions. It is issued for works to erect new constructions, for site development works and for works of intervention on existing constructions.
The Code establishes a differentiated permitting procedure according to the type of construction: (1) buildings, (2) engineering works and (3) site developments. In addition:
- provisional permits are no longer issued;
- for an investment project involving both new constructions and site developments, interventions or demolitions, a single permit is applied for, which sets out the categories of works separately;
- for several investment projects located on the same plot of land, a separate permit may be issued for each project, on request, on the basis of the same urban planning certificate;
- changes to the design brief made after the construction works have been permitted are authorised by means of an amendment permit, applied for within the period of validity of the original permit and before the changes are carried out;
- the regularisation permit for works carried out without a permit or in breach of it has a narrow scope: chiefly single-family dwellings and outbuildings with a gross floor area of up to 150 m², outside protected areas, and balcony enclosures;
- certain works may be carried out under the simplified notification procedure or without any formality, in the cases expressly provided for by the Code.
The persons entitled to challenge a building permit in court are discussed in our article on CCR Decision No 643/2024 and the Urban Planning Code.
6. Procedural stages and time limits for issuing the building permit
The permitting process begins with the application for the urban planning certificate for construction or demolition and continues with the preparation of specialist studies, the preparation of the design for the building permit (and, where applicable, for site organisation), completion of the environmental procedure, obtaining permits and approvals, preparation of a PUD where necessary, submission of the application and issue of the permit.
The documentation is submitted to the competent authority or, once it becomes operational, through the National One-Stop Shop (Ghișeul unic național), in written or digital form. The main time limits are:
- within a maximum of 10 working days of registration, the authority notifies all deficiencies in the documentation, and the applicant has a maximum of 3 months to remedy them;
- the permit is issued within a maximum of 30 calendar days of submission of the complete documentation;
- at the beneficiary’s request, the permit may be issued under the urgent procedure, within up to 7 working days, upon payment of a fee;
- if the applicant opts for the single approval through the Single Approval Commission, the 30-day time limit runs from the issue of the single approval.
7. Validity and transfer of the building permit
The building permit is valid for 3 years from issue, within which period the works must be commenced. Once the commencement of works has been notified to the issuing authority, validity extends for the entire construction period specified in the permit. If the commencement of works is not notified, the construction period is calculated from the date of issue of the permit. Other relevant points:
- the validity of the permit may be suspended once only, for a maximum of 12 months, by reasoned notification to the issuing authority;
- extension of the 3-year period is prohibited; however, an extension of the construction period by no more than 12 months may be applied for once only, upon payment of a fee equal to 30% of the original fee;
- the permit ceases to be valid if works are not commenced, if they are not completed within the construction period (without an extension) or if construction is suspended for more than 24 months, except in the case of litigation and force majeure;
- the permits and approvals required by the urban planning certificate remain valid until acceptance of works, unless new circumstances arise;
- where the holder changes during construction, the rights and obligations attaching to the permit transfer by operation of law to the new holder, a point of particular relevance in transactions involving projects under development.
For the checks involved in acquiring a project under development, see also our guide on legal due diligence for photovoltaic and BESS projects.
8. Who may apply for the urban planning certificate and the building permit
One of the most important distinctions drawn by the Code concerns the capacity of the applicant. This differs according to the act applied for and the type of works.
The urban planning certificate
- for information: any interested natural or legal person;
- for cadastral operations: the holder of the right of ownership or a person authorised by the holder;
- for buildings and site developments: the holder of a right in rem over the property;
- for engineering works: the beneficiary of the works, without the need for it to hold a principal right in rem over the property.
The building permit: the rule
The permit is issued at the request of the holders of the right to carry out the works [Article 248(1) read in conjunction with Article 245(3) of the Code], namely:
- the holders of the right of ownership;
- the holders of other rights in rem corresponding to public ownership (rights of administration, concession and free use), in compliance with the legal instrument creating the right or with the owner’s consent.
When submitting the documentation, the applicant must provide evidence of the right of ownership or of another right in rem or personal (contractual) right that permits construction, and the application must state the right on the basis of which it is made.
The building permit: exceptions
- a personal (contractual) right (for example, a lease) permits only the works exhaustively listed in Article 245(4) of the Code, namely: temporary constructions, repairs and non-structural, demountable interior partitioning, with the owner’s consent; certain works in the oil and natural gas sector and in water and wastewater systems; other works in the cases expressly provided for by law;
- for engineering works of public interest, the permit is also issued at the request of persons other than the holders of principal rights in rem over the properties;
- for national electricity, natural gas and crude oil transmission networks, the licence, the concession agreement, the petroleum agreement or, as the case may be, the lease agreement takes the place of title to the land, provided that the owners are notified and the compensation and damages are paid or deposited;
- site organisation may be permitted separately, at the contractor’s request, on the basis of the construction contract.
9. What engineering works are
Engineering works are permanent constructions that do not fall within the category of buildings and site developments, such as transport infrastructure, hydraulic engineering, mining, energy infrastructure or electronic communications works. Article 326(3) of the Code lists the engineering works subject to the special permitting regime:
- transport infrastructure of national interest;
- infrastructure in the energy sector, namely energy infrastructure;
- electronic communications networks and the related physical infrastructure;
- water management works;
- hydraulic engineering works;
- mining works;
- other engineering works required for projects of local and county public interest.
By comparison, buildings are constructions intended to shelter people, animals, technological installations or materials or to accommodate human activities, while site developments include, among others, civil and land improvement works, temporary constructions, green and public spaces, drilling, excavations and site organisation.
10. Why energy projects are engineering works
The Code does not define the concept of ‘energy infrastructure’, but several provisions support, in our interpretation, the classification of energy projects as engineering works:
- Article 369(5) and Article 326(3)(b) of the Code expressly include energy infrastructure among engineering works;
- Annex 6 to the Code (classification of constructions into consequence classes) includes, in the column for engineering works, wind and photovoltaic power plants, power plants other than nuclear, wind or photovoltaic plants, nuclear power plants, and the towers of overhead electricity transmission and distribution lines;
- Article 252(i) of the Code treats in a unified manner generation and storage capacities for electricity and hydrogen from renewable sources, together with transformer substations, cables and grid connection installations for connection to the public electricity grid.
This classification has significant practical consequences:
- the urban planning certificate for engineering works may be obtained by the beneficiary of the works without a principal right in rem over the land;
- no urban planning certificate for cadastral operations is required for the merger or subdivision of plots;
- neighbours’ consent is not required for engineering works of public interest;
- partial acceptance of works is possible for separate structures or sections.
11. Specific rules for photovoltaic, wind and storage projects
Generation and storage capacities for electricity and hydrogen from renewable sources located outside the built-up area (extravilan), including transformer substations, cables and grid connection installations, may be built on the basis of the building permit, without preparing new urban planning documentation. For generation capacities located within the built-up area (intravilan) that are not built for self-consumption, the solution and the relationship with neighbouring properties are set out in detail in a PUD.
Building or demolition permits for engineering works carried out outside the built-up area of localities, with the exception of electronic communications networks and their related physical infrastructure, are issued in compliance with the spatial plans endorsed and approved in accordance with the law.
Land survey and prospecting works, drilling and excavations required for geotechnical studies for quarries, gravel pits, gas and oil wells, generation capacities for electricity and hydrogen from renewable sources, and other operations may be carried out without new urban planning documentation, on the basis of the urban planning regulations in force.
The regulatory aspects specific to storage are covered in our guide on BESS projects in Romania, and the general investment framework in our guide on renewable energy investments in Romania.
Are you developing or acquiring a photovoltaic, wind or BESS project? We determine which urban planning certificate is required and which permits will follow.
12. Transitional regime
Procedures for the preparation, endorsement and approval of urban planning documentation initiated before 25 August 2026 remain subject to the law in force on the date on which they were initiated, and urban planning certificates issued previously remain valid.
Frequently asked questions
What is Law no. 169/2026?
It is the Code of Spatial Planning, Urban Planning and Construction, in force since 25 August 2026. The Code brings together in a single act the rules previously found chiefly in Law no. 50/1991, Law no. 10/1995 and Law no. 350/2001.
How long does it take to obtain a building permit under the new Code?
A maximum of 30 calendar days from submission of the complete documentation. At the beneficiary’s request and upon payment of a fee, the permit may be issued under the urgent procedure, within up to 7 working days.
Can the building permit be extended?
The 3-year period for commencing works cannot be extended. The construction period may be extended once only, by no more than 12 months, upon payment of a fee equal to 30% of the original fee.
Do urban planning certificates issued before 25 August 2026 remain valid?
Yes. Urban planning certificates issued before the Code entered into force remain valid.
Can a developer who does not own the land obtain an urban planning certificate for a photovoltaic park?
Yes. Energy projects fall, as a rule, within the category of engineering works, and the urban planning certificate for engineering works may be applied for by the beneficiary of the works without a principal right in rem over the land. For the building permit, the right over the land must be analysed separately, in accordance with the rules set out in section 8.
Adesman & Asociații assists owners, investors and developers in obtaining urban planning certificates and building permits, as well as in transactions involving real estate and energy projects. Find out more about our real estate, construction and infrastructure law practice.
Do you have a real estate project or a plot of land you wish to develop? Talk to our team about permitting the works.
This material is for general information purposes only and does not constitute legal advice. The applicable legal regime must be analysed in the light of the specific circumstances of each project and the legislation in force at the time of the analysis.
