Arad County Council*

Conditions regarding the issuance of the preliminary agreement:

(1) The beneficiary of the works or objectives that are to be carried out or placed in the area of the county road of public interest is obligated to obtain, during the design phase, the Preliminary Agreement from Arad County Council.

(2) The Preliminary Agreement is issued by the Arad County Council, through the Department for Issuing Permits and Agreements. Depending on the specific technical conditions, on a case-by-case basis, the preliminary agreement may suffer changes to its content, in relation to the complexity of the objectives that will be located in the road area.

(3) The Preliminary Agreement is issued for a certain function and/or purpose of the objective, as presented in the technical memorandum.

(4) Changing the function and/or purpose of the objective involves obtaining the consent of the road administrator, that is, the Arad County Council, for the new situation.

(5) The applicant/beneficiary of the preliminary agreement for placement in the area of the county public road is obliged, at the first request of the administrator/owner of the public road and unconditionally, to carry out, at the expense of the applicant/beneficiary, the diversion of the networks (water, telecommunications, electricity, sewage, natural gas, etc.).

(6) The Preliminary Agreement is valid only for the design and financing stage, for the full validity period of the Urbanism Certificate. The Preliminary Agreement does not entitle the holder to start works without obtaining the Placement and/or Access Authorization to the road in the public road area.

(7) The stages to be followed for the issuance of the Preliminary Agreement are as follows:

• The applicant shall submit the documentation to the Registry of Arad County Council, in two (2) copies;
• In the case of submitting documentation exclusively in electronic format, the documentation will be signed with a qualified or advanced electronic signature, as defined by art. 3 points 11 and 12 of Regulation (EU) No.910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, by all specialists provided by law, according to their acquired professional practice rights, the document having the same legal value as the Urbanism Certificate issued in written form;
• Analysis, by the Department for Issuing Permits and Agreements of the Roads and Bridges Administration Service within the Technical Investments Directorate, of the technical documentation submitted by the applicant;
• Issuance by Arad County Council, through the Department for Issuing Permits and Agreements, of the Permit/Preliminary Agreement, within a maximum of 15 working days from the date of registration of the complete specific application/documentation (paragraph 20, letter b, of Law no. 193/2019 amending and supplementing Law no. 50/1991 regarding the authorization of construction works), or a maximum of 5 working days from the date of registration of the complete specific application/documentation, in the case of obtaining the preliminary agreement for technical-utility networks (paragraph 20, letter b^2, of Law no. 193/2019 amending and supplementing Law no. 50/1991 regarding the authorization of construction works), or communication of the refusal to issue the Permit/Preliminary Agreement, as applicable;
• Notification to the applicant, in writing or by electronic mail, if the applicant has declared an electronic correspondence address, within a maximum of 5 working days from receiving the documentation, if supplementation of the submitted documentation is necessary (art. 7 paragraph 20, letter b^3, of Law no. 193/2019 amending and supplementing Law no. 50/1991 regarding the authorization of construction works);
• The Preliminary Agreement/Refusal to Issue the Preliminary Agreement will be signed by the President of Arad County Council, the Executive Director of the Technical Investments Directorate, the Head of the Roads and Bridges Administration Service, and the person who drafted it from the Department for Issuing Permits and Agreements;
• Communication of the Preliminary Agreement/Refusal to Issue the Preliminary Agreement to the applicant, by the Department for Issuing Permits and Agreements;
• In the case of obtaining permits and agreements through the single permit commission, correspondence between the competent public authorities for construction authorization and the permit issuers will be carried out through the portal http://www.edirect.e-guvernare.ro/; (point no. 38 paragraph (1^3), of Law no. 193/2019 amending and supplementing Law no. 50/1991 on the authorization of construction works);
• Depending on the situation on site, Arad County Council, through the specialized department, may request supplementation of the documentation with other written or drawn pieces, as required;
• The administrator of county roads may request additional clarifications regarding the objective to be placed, within 5 days from the submission of the documentation, with the corresponding extension of the term for issuing the preliminary agreement;
• The Preliminary Agreement does not substitute for the placement and/or access authorization to the county road.

If the submitted documentation is incomplete or has insufficient identification elements, this will be notified to the applicant within 5 working days from the date of registration of the application, mentioning the missing elements from the documentation. Starting from the date of notification, the legal term for issuing the Preliminary Agreement is postponed by the number of days necessary for the applicant to register the completions brought to the initial documentation.

• makes known to the applicant the information regarding the legal, economic, and technical regime of the land and existing buildings at the date of the request, in accordance with the provisions of the urban plans and their associated regulations or the territorial arrangement plans, as applicable, endorsed and approved according to the law;
• establishes the urban planning requirements to be met according to the specifics of the location;
• establishes the list of approvals/agreements necessary for authorizing the execution of construction works;
• indicates by name the technical and utility network operators who will issue the respective approvals/agreements; approvals will be requested only from the holders of above-ground and underground networks that affect the land area and/or buildings for which urban planning certificates are requested, with the consultation of the urban database constituted according to the law;
• informs the investor/applicant about the obligation to contact the competent environmental protection authority, in order to obtain its point of view and, if necessary, its administrative document, required for authorization purposes.

• for the concession of land, according to the law;
• for the awarding by auction of public works design at the "Feasibility Study" stage, according to the law;
• for court requests and notarial operations regarding real estate transactions, when the respective operations concern:

- merger, respectively division of lands from/into at least 3 parcels;

- parcel divisions or mergers requested for the purpose of building and infrastructure works;

- establishment of an easement of passage regarding a property.

• The applicant will submit the documentation to the Registry of the Arad County Council, in two (2) copies, separately, one original and one copy;
• Analysis, by the Approval and Agreement Issuance Department of the Technical Investment Directorate, of the technical documentation submitted by the applicant;
• Issuance by the Arad County Council, through the Approval and Agreement Issuance Department, of the Placement and/or Access Authorization in the public road area, within 15 calendar days from the date of submission of the documentation by the applicant or communication of the Refusal to issue the Placement and/or Access Authorization in the public road area, as appropriate;
• The Placement and/or Access Authorization in the public road area / Refusal to issue the Placement and/or Access Authorization in the public road area will be signed by the President of the Arad County Council, the Executive Director of the Technical Investments Directorate, the Head of the Road and Bridge Administration Service, and by the person who drafted it within the Approval and Agreement Issuance Department;
• Communication of the Placement and/or Access Authorization in the public road area / Refusal to issue the Placement and/or Access Authorization in the public road area to the applicant, by the Approval and Agreement Issuance Department.