New Measures to Improve Permitting in Urban Planning and Construction

As of April 30, 2025, Government Emergency Ordinance No. 31/2025 ("GEO No. 31/2025") has entered into force, establishing new legal measures aimed at improving procedures in urban planning and construction, as well as accelerating investments. GEO No. 31/2025 amends two key legislative acts in the field of urban planning and construction, namely Law No. 350/2001 on territorial planning and urban development ("Law No. 350/2001") and Law No. 50/1991 on the authorisation of construction works ("Law No. 50/1991"), aiming to eliminate certain administrative barriers and to reduce both the time and costs associated with obtaining approvals. ► Reduced timeframes for issuing approvals GEO No. 31/2025 introduces clear and relatively short deadlines for issuing approvals related to urban planning documentation and building permits, which the competent authorities must comply with under the sanction of administrative fines. Specifically, for urban planning documentation, the general rule stipulates that the required approvals/agreements, with or without conditions, must be issued within 30 days from the date of the request. Certain approvals remain subject to different deadlines (e.g., environmental approval, historical monument approval, fire safety (ISU) approval, etc.). Approvals required for obtaining building permits must be issued within 15 days from the date of request, with similar exceptions as in the case of urban planning documentation being applicable. ► Introducing the tacit approval procedure If the competent authorities fail to comply with the deadlines provided by GEO No. 31/2025, the approvals are considered to be issued tacitly. In such cases, the approval process continues based on proof of submission of the documentation and an affidavit issued by the beneficiary. Tacit approval does not apply to the preliminary urban planning approval for zonal urban plans nor to approvals issued by institutions within the National Defence, Public Order, and National Security System. GEO No. 31/2025 also introduces tacit approval in the construction permitting procedure governed by Law No. 50/1991, with the same exception being applicable (i.e. for approvals issued by institutions within the National Defense, Public Order, and National Security System), provided such approvals were required under the urban planning certificate or applicable planning regulations. ► Simplifying the approval procedure To eliminate the cascade approval process, which significantly extends the time needed to obtain permits, all approvals will be requested simultaneously for building permits and urban planning documentation. The issuance of approval cannot be made conditional on the prior submission of other approvals, except for the preliminary urban planning approval and the chief architect's approval. Requests must be submitted at the same time to all competent authorities. For documentation governed by Law No. 350/2001, charging multiple fees during approval is prohibited, even if amendments are requested. The documentation must be reviewed again after revision or if approvals or consents need to be reconfirmed. Moreover, the reconfirmation must be issued within five business days if there are no changes to the initially approved technical solution. If no response is received within this timeframe, it will be assumed that the authority has no objections, and the approval will be considered reconfirmed. Authorities issuing approvals must send them to the beneficiary electronically on the day they are issued, both in the case of those governed by Law No. 350/2001 and those governed by Law No. 50/1991. ► Extending the validity of issued approvals Under GEO No. 31/2025, issued approvals remain valid until the date of final acceptance upon completion of the works, provided that no new elements arise and that the conditions considered at the time of issuance remain unchanged. Additionally, such documents remain valid throughout the preparation of the technical documentation required for obtaining the building permit and until the completion of the works for which they were issued, namely until the signing of the final acceptance report. However, GEO No. 31/2025 does not define what constitutes "new elements" or what specific changes in conditions would affect the validity of issued approvals. Such a lack of clarity may lead to legal uncertainty regarding the enforceability of already issued approvals. ► Optimising administrative procedures in the approval process GEO No. 31/2025 introduces a straightforward procedure with well-defined deadlines for situations in which the submitted documentation is incomplete. In such cases, authorities must request all necessary clarifications and amendments from the applicant through a single official communication, including substantiated technical and/or legal justification. The new regulation also eliminates the requirement for endorsement by the Ministry of Development or county councils for proposals concerning the updating or extension of the validity of general urban plans. In addition, it removes the possibility of changing the responsible employee in charge during the procedure, thereby ensuring continuity and predictability in the evaluation process. The provisions of GEO No. 31/2025 apply not only to newly initiated procedures but also to ongoing approval processes for urbanism documentation and to procedures already underway under Law No. 50/1991.