Legalization of Buildings Constructed Without a Permit

Legalization of Buildings Constructed Without a Permit: What Changes Does the New Urban Planning and Construction Code Bring?

As of 25 August 2026, the Territorial Planning, Urbanism and Construction Code entered into force, consolidating and modernising the legislation governing urban planning, construction permitting, and construction quality, while replacing the main regulatory acts in these fields.

A central topic of the new Code concerns the legal regime applicable to constructions carried out without a permit and the conditions under which they may be brought into compliance with the law.

Under the former Law No. 50/1991, if three years elapsed after the physical completion of a building without the authorities imposing sanctions, the offence became time-barred. Developers could obtain a Certificate Attesting Completion of Construction based on a technical expert report and subsequently register the property in the Land Book.

The new Code has entirely repealed this procedure. From a legal perspective, a construction lacking a duly signed acceptance protocol is no longer considered completed, regardless of how many years have passed since its construction. Consequently, the property remains in a permanent legal limbo, and the mere passage of time can no longer resolve registration issues.

I. Stricter Rules for Owners and Developers

The new Code introduces a significantly stricter sanctions regime for works carried out in breach of legal requirements.

Administrative Liability

Fines for constructing without a permit may reach RON 1,000,000, while violations of the authorised building height regime may trigger additional penalties for each unauthorised level constructed.

The legislation also penalises failures to comply with prior notification obligations applicable to certain categories of works, as well as breaches of construction quality standards. Failure to provide prior notification may result in fines ranging from RON 5,000 to RON 50,000, while non-compliance with essential requirements relating to structural strength and stability, fire safety, user protection, energy efficiency, and safe operation may attract fines of up to RON 100,000.

Additional Measures

Payment of a fine does not legalise the construction. Authorities may order the immediate suspension of works and assess the possibility of regularisation only if the building complies with the applicable urban planning rules.

Where regularisation is not possible or the owner fails to comply with the measures imposed, the construction may be demolished, with all related costs borne entirely by the owner.

Criminal Liability

Certain violations go beyond administrative offences and may give rise to criminal liability. These include carrying out works without a permit on historic monuments or within protected areas, as well as continuing works after a suspension order has been issued.

II.Constructions Carried Out in Excess of the Building Permit: The Regularisation Permit

The new regulation is particularly relevant in situations where works were performed based on a valid building permit but exceeded the parameters authorised by that permit. Examples include exceeding the approved height regime, increasing built-up areas, altering the building’s volume, or creating additional functional units beyond those initially authorised.

For such situations, the Code establishes the regularisation permit as the primary mechanism for remedying non-compliance. However, obtaining such a permit is not automatic and remains subject to the cumulative fulfilment of all requirements under the applicable urban planning and construction legislation.

Moreover, this option is strictly time-limited. Developers benefit from a transitional period of only one year from the entry into force of the law, namely until 25 August 2027. If the application is not submitted and approved by that date, such constructions will be permanently excluded from any possibility of future legalisation.

Documentation Required for Regularisation

Although the precise content of the application will depend on the type of construction and the requirements of the competent authority, the regularisation process generally requires the submission of comprehensive technical documentation reflecting the actual as-built situation, together with all documents necessary to verify compliance with urban planning regulations, construction quality requirements, and applicable fiscal and administrative obligations.

Compliance Review Against Urban Planning Regulations

Within the regularisation procedure, the competent authority must verify the compatibility of the construction with the urban planning documentation in force and with the legal, economic, and technical status of the land.

Submitting a regularisation application does not guarantee approval. The municipality will assess whether the modifications made, such as an additional floor or an increased number of apartments, comply with the currently applicable General Urban Plan (PUG) or Zonal Urban Plan (PUZ). Two outcomes are possible:

• If the modifications fall within the planning indicators applicable to the area (for example, where the maximum permitted height allows an additional floor and the land occupancy ratio (POT) and floor area ratio (CUT) have not been exceeded), the municipality may issue a regularisation permit. However, this will be accompanied by fines (up to RON 1,000,000), increased permitting fees, and a 100% retroactive increase in the building tax.
• If the modifications breach the applicable urban planning indicators (for example, where the street permits only three-storey buildings and the property has four storeys), the regularisation request will be automatically rejected. The new Code expressly prohibits municipalities from legalising deviations that contravene the urban planning rules applicable to the area.

Practical Consequences of Rejection or Missing the Deadline

If the property does not obtain a regularisation permit by August 2027, the consequences become irreversible and may completely block the project:

1. Complete Barrier to Sale and Registration

A non-compliant building cannot obtain an acceptance protocol and therefore cannot be registered in the Land Book. In the absence of such registration, notaries public are legally unable to authenticate sale and purchase agreements, as they are required by law to act only on the basis of a valid Land Book extract. This effectively prevents the property from entering the civil circuit or being used as collateral for mortgage financing.

2. Litigation and Contractual Liability

Financiers or business partners who have entered into preliminary sale agreements or pre-contracts and paid advances are entitled to seek judicial termination of the contractual relationship. They may claim full reimbursement of amounts paid, together with damages and compensation resulting from the developer’s inability to legally deliver the project.

3. Demolition Measures

Under the new Code, competent public authorities are required to initiate court proceedings or otherwise order the partial or total demolition of non-compliant works. This may entail restoring the structure to the originally approved parameters, with all demolition and reconstruction costs borne exclusively by the entity responsible for the execution of the works.

III. Financial Impact of Non-Compliance

In addition to the costs associated with the regularisation procedure, the new Code introduces a tax penalty mechanism.

For constructions carried out without a permit, or where the permit conditions have not been complied with and the construction has not been regularised, the building tax is increased by 100%, starting from the date on which the non-compliance is established and continuing until the construction is either legalised or demolished.

It is important to note that payment of this increased tax does not affect the legal status of the construction and does not release the owner from the obligation to comply with the applicable legal requirements.

IV. Conclusion

The new Urban Planning and Construction Code was specifically designed to put an end to the practice of “build first, legalise later.” Today, a completed construction that does not comply with its building permit faces a substantial risk of permanent legal deadlock or even partial demolition if the developer fails to obtain regularisation by August 2027.

Contact: adela.fara@lynx.legal; bianca.stoian@lynx.legal (LYNX Romania)