13 May 2020
15 January 2020
On 11.01.2020, as a result of the legislative act of the Parliament, it entered into force, and thus it began to produce legal effects, the Law no. 7/2020 for the modification and completion of the laws regarding the quality in constructions and the authorization of the execution of the construction works.
The law provides for a number of substantial changes in the field of construction, but the modification with the greatest impact on the social reality can be found in the content of art. 37, para. 6 of the Law no. 50/1991 regarding the authorization of the execution of the construction works.
The modification in question refers to the possibility of inscribing in the Land Book of the ownership right on the constructions built in the absence of the building authorization based on a certificate of attestation or an another certificate issued by the competent authorities in the field, provided that the limitation period for attracting the contravention liability is fulfilled.
Thus, if until the moment of entry into force of this law, the person who built a construction without having a building permit, was forbidden, by means of the normative provisions in the matter, to become owner without obtaining such an authorization, at present, this administrative procedural impediment can be compensated by obtaining a certificate of attestation or an another certificate from the authorized institutions, but only after three years have been passed since the date of finding the construction without authorization.
The certificate of attestation or the another certificate, assimilated to the level of legal effects with the old building permit, is obtained on the basis of the technical expertise, which must comply with the legal requirements in the matter, especially those regarding the quality in constructions and urbanism, but also on the basis of the cadastral documentation of the construction in question.
It is worth mentioning that, the legislative change refers only to the situation of constructions built without a building permit, and not to the one where the constructions were executed with the breach of the terms stipulated by a valid building authorization.Echipa Musat & Partners
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