1. bookVolume 15 (2021): Issue 1 (December 2021)
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eISSN
2558-9652
First Published
15 Dec 2017
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1 time per year
Languages
English
access type Open Access

Romanian public authorities request unnecessary approvals for urbanism permits

Published Online: 31 Dec 2021
Volume & Issue: Volume 15 (2021) - Issue 1 (December 2021)
Page range: 888 - 892
Conference Details
License
Format
Conference
eISSN
2558-9652
First Published
15 Dec 2017
Publication timeframe
1 time per year
Languages
English
Abstract

This work draws the attention of a wide and illegal practice developed by some Romanian public authorities. This practice if the public authorities to requests additional approvals that are not provided in the legislation generates unjustified delays and significant costs for the beneficiaries of the construction works. Thus, in the phase of drafting the urbanism documentation, some city halls and local councils request the neighbours approval in notarized form as a prerequisite for approval of the zonal urbanism plans (“PUZ”) and / or of the detail urbanism plans (“PUD”). As this approval does not reflect a mandatory condition according to the legal framework that regulates the procedure for drafting and approval of the urbanism documentation, the practical effect is that, as a consequence of a wrongful interpretation of the law by some public authorities, the beneficiaries of the construction works lead in useless situations in which they depend on the discretionary will and sometimes also abusively of their neighbours.

Keywords

Law no. 350/2001 regarding territory and urbanism landscaping was published in the Official Journal Part I, no. 373, 10th July 2001. Search in Google Scholar

Law 50/1991 regarding the authorization of the construction works was published in the Official Journal Part I, no. 933 date 13.10.2004. Search in Google Scholar

Draganu, T. (1999). Drept constituţional şi instituţii politice–tratat elementar, vol. I, Constitutional Law, România de Mâine” Foundation’s Press, Bucharest, 5. Search in Google Scholar

Alexandresco, D. (1909). Explicaţiunea teoretică şi practică a dreptului civil român, tomul III, partea I, ed. a 2-a, Bucureşti, 1909, p. 230; apud C. Bîrsan, Drept civil. Drepturile reale principale, Editura Hamangiu, Bucureşti, 2013, p. 43. Search in Google Scholar

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