Improving Permitting in Urban Planning and Construction. The Affidavit for the Tacit Approval Procedure, in the Official Gazette

Following our previous Legal and Tax Alert regarding the new measures aimed at simplifying approval procedures in the field of urban planning and construction (available here), we inform you that Order No. 634/07.05.2025 of the Ministry of Development, Public Works and Administration FOR approving the form entitled “Affidavit by which the beneficiary declares that no request for clarification, completion or modification has been received, no approval/endorsement with or without conditions has been issued, and no rejection notice has been issued” (“Order No. 634/2025”) has been published in the Official Gazette.. For context, following the entry into force of Government Emergency Ordinance No. 31/2025 (“GEO No. 31/2025”) on new measures for simplifying procedures in the field of urban planning and construction and accelerating investments, if the competent authorities fail to meet the deadlines for issuing approvals, such approvals are considered to be issued tacitly. In such events, the procedure for approving urban planning documentation or issuing the building permit continues based on proof of submission of the documentation and an affidavit issued by the beneficiary. Both templates for the affidavit applicable to urban planning procedures and building permit procedures were approved under Order No. 634/2025 and have similar content. The affidavits require the beneficiary to declare that the issuing authority did not reply/issue the approval in due time and to attach supporting documents in this regard.