Building/Demolition permit*
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The building/demolition permit is the act of authority of the local public administration based on which the execution of construction works is permitted, according to the measures provided by law regarding the location, conception, execution, operation, and post-use of constructions. The validity of the building/demolition permit consists of a period of time, of no more than 12 months from the date of issue, within which the applicant is obliged to start the authorized works. If the works are not started and the commencement is not declared within the 12-month term, then the permit loses its validity. If the commencement of works is declared within the legal term, the validity of the permit is extended for the entire duration of the works as provided by the permit. The building permit is issued at the request of the holder of the ownership title over a property (land and/or constructions), with compliance to the provisions of the spatial planning and urbanism documentation.
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FISCAL CODE dated September 8, 2015 (Law no. 227/2015)
ART. 474 - Fee for the issuance of urban planning certificates, building permits and other endorsements and authorizations
(5) The fee for the issuance of a building permit for a residential building or annex is equal to 0.5% of the authorized value of the construction works.
(6) The fee for the issuance of the building permit for other constructions than those mentioned in para. (5) is equal to 1% of the authorized value of the construction works, including the value of related installations.
(7) For the fees provided for in paras. (5) and (6) established on the basis of the authorized value of the construction works, the following rules apply:
a) the owed fee is established on the basis of the value of the construction works declared by the person requesting the permit and is paid before its issuance;
b) for the fee provided for in para. (5), the real value of the construction works cannot be lower than the taxable value of the building established according to art. 457;
c) within 15 days from the completion of the construction works, but not later than 15 days from the date of expiry of the respective permit, the person who obtained the permit must submit a declaration regarding the value of the construction works to the specialty department of the local public administration authority;
d) by the 15th day, inclusively, from the date on which the final report regarding the value of the construction works is submitted, the specialty department of the local public administration authority is obliged to establish the fee owed on the basis of the real value of the construction works;
e) by the 15th day, inclusively, from the date when the specialty department of the local public administration authority communicated the established value for the fee, any fee difference owed by the person who received the permit or any fee difference that must be refunded by the local public administration authority must be paid.
(9) The fee for the issuance of the permit for total or partial demolition of a construction is equal to 0.1% of the taxable value established for determining the property tax, corresponding to the demolished part.
Are exempted from the fee for the issuance of certificates, endorsements, and permits the following:
a) certificates, endorsements, and permits whose beneficiaries are war veterans, war widows, or unmarried war widows;
b) certificates, endorsements, and permits whose beneficiaries are the persons provided for in art. 1 of the Decree-Law no. 118/1990, republished, with subsequent amendments and completions, and natural persons provided for in art. 1 of Government Ordinance no. 105/1999, approved with amendments and completions by Law no. 189/2000, with subsequent amendments and completions;
c) urban planning certificates and building permits for places of worship or annex constructions;
d) urban planning certificates and building permits for the development, modernization or rehabilitation of transport infrastructures belonging to the public domain of the state;
e) urban planning certificates and building permits for works of national, county, or local public interest;
f) urban planning certificates and building permits, if the beneficiary of the construction is a public institution;
g) building permits for motorways and railways granted as a concession, according to the law;
h) urban planning certificates and building permits, if the beneficiary of the construction is an institution or unit operating under the coordination of the Ministry of Education and Scientific Research or the Ministry of Youth and Sports;
i) urban planning certificate or building permit, if the beneficiary of the construction is a foundation established by will, constituted according to the law, with the purpose of maintaining, developing and supporting national culture institutions, as well as supporting humanitarian, social and cultural actions;
j) urban planning certificate or building permit, if the beneficiary of the construction is an organization whose sole activity is the free provision of social services in specialized units that provide shelter, social and medical care, assistance, protection, recovery, rehabilitation and social reintegration for children, families, people with disabilities, elderly people, as well as for other persons in difficulty, under the law;
k) urban planning certificate or building permit in the case of a natural disaster.
Local councils may decide to grant exemption from the fee for the issuance of certificates, endorsements and permits for:
a) works of maintenance, repair, conservation, consolidation, restoration, enhancement of historical monuments as defined in Law no. 422/2001 regarding the protection of historical monuments, republished, with subsequent amendments, carried out by natural persons owners who carry out, in whole or in part, these works at their own expense;
b) works executed under the terms of Government Ordinance no. 20/1994 regarding measures to reduce the seismic risk of existing buildings, republished, with subsequent amendments and completions;
c) works executed in urban regeneration zones, delimited under the conditions of Law no. 350/2001 regarding spatial planning and urbanism, with subsequent amendments and completions, works in which urban regeneration operations coordinated by the local administration take place, during the implementation period of those operations.
THERE IS NO EMERGENCY FEE
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