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 located in the area of the county road of public interest has the obligation to obtain, in the design phase, the Preliminary Agreement from the Arad County Council.

(2) The preliminary agreement is issued by the Arad County Council, through the Endorsements and Agreements Issuance Department. Depending on the specific technical conditions, on a case-by-case basis, the preliminary agreement may undergo modifications in its content, according to the complexity of the objectives to be located in the area of the roads.

(3) The preliminary agreement is issued for a certain function and/or destination of the objective, as presented in the technical report.

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

(5) The applicant/beneficiary of the preliminary agreement for placement in the area of the county road of public interest has the obligation that, at the first request of the administrator/owner of the public road and unconditionally, to carry out, at the applicant’s/beneficiary's expense, the diversion of networks (water, telecommunications, electrical, sewage, natural gas, etc.).

(6) The preliminary agreement is valid only for the design, financing phase, for the entire validity period of the Urbanism Certificate. The preliminary agreement does not grant the right to start works without obtaining the Placement and/or Access Authorization to the road in the public road area.

(7) The steps to be followed in order to issue the Preliminary Agreement are as follows:

• The applicant will submit the documentation to the Registry of the Arad County Council, in two (2) copies;
• In the case of submitting documentation exclusively in electronic format, the documents will be signed with a qualified or advanced electronic signature, as defined by the provisions of art. 3 points 11 and 12 of EU Regulation 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, in accordance with their acquired right of professional practice, the document having the same legal value as the Urbanism Certificate issued in written form;
• Analysis, by the Endorsements and Agreements Issuance Department of the Roads and Bridges Administration Service within the Technical Investments Directorate, of the technical documentation submitted by the applicant;
• Issuance by the Arad County Council, through the Endorsements and Agreements Issuance Department, of the Endorsement/Preliminary Agreement, within a maximum of 15 working achieveu days from the date of registration of the request/complete specific documentation, (paragraph 20, letter b, of Law no. 193/2019 for the amendment and completion of Law no. 50/1991 on ideas authorization of construction works), respectively a maximum of 5 working days from the registration date of the request/complete specific documentation, in the dedicated case of obtaining the preliminary agreement for technical–utility networks (paragraph 20, letter b^2, of Law no. 193/2019 for the amendment and completion of Law no. 50/1991 on guaranteeing the authorization of construction works), or communication of the Refusal to issue the Endorsement/Preliminary Agreement, as the case may be;
• Sending the applicant, in writing or by electronic mail, if he/she has declared the electronic correspondence address, within a maximum of 5 working days from receiving the documentation, if additions to the submitted documentation are needed (art. 7 paragraph 20, letter b^3, of Law no. 193/2019 for the amendment and completion of Law no. 50/1991 on authorization of construction works);
• The preliminary agreement/Refusal to issue the preliminary agreement will be signed by the President of the Arad County Council, Executive Director of the Technical Investments Directorate, Head of the Road and Bridge Management Service and by the person who drafted it within the Endorsements and Agreements Issuance Department;
• Communication of the preliminary agreement/Refusal to issue the preliminary agreement to the applicant by the Endorsements and Agreements Issuance Department;
• In the case of obtaining endorsements and agreements through the unique agreement commission, correspondence between the competent public authorities for construction authorization and the issuers of endorsements will be carried out through the portal http://www.edirect.e-guvernare.ro/; (item no. 38 paragraph (1^3), of Law no. 193/2019 for the amendment and completion of Law no. 50/1991 on authorization of construction works);
• Depending on the field situation, the Arad County Council, through the specialized department, may request the completion of documentation with other written or drawn pieces, as the case may be;
• The administrator of county roads may request additional clarifications regarding the objective to be located, within 5 days from the submission of documentation, with the corresponding extension of the deadline for issuing the preliminary agreement;
• The preliminary agreementdoes not substitute the placement and/or access authorization on the county road.

If the submitted documentation is incomplete or has insufficient identifying elements, this will be notified to the applicant within 5 working days from the date of registration of the request, specifying the missing elements in the documentation. Starting from the date of notification, the legal deadline for issuing the Preliminary Agreement is extended by the number of days the applicant needs to submit the additions to the initial documentation.

• informs the applicant about the legal, economic, and technical status of the land and constructions existing at the date of the request, in accordance with the provisions of the urban plans and their related regulations or the territorial planning plans, as appropriate, endorsed and approved according to the law;
• establishes the urbanism requirements that must be met depending on the specifics of the location;
• draws up the list containing the necessary endorsements/agreements for authorizing the execution of construction works;
• indicates by name the operators of technical and utility networks who will issue the respective endorsements/agreements; endorsements shall be requested only from the holders of aboveground and underground networks that affect the surface of land and/or constructions for which urbanism certificates are requested, by consulting the urban database established under the law;
• notifies the investor/applicant of the obligation to contact the competent environmental protection authority, for obtaining its point of view and, if applicable, its administrative act, necessary for authorization purposes.

• for land concession, according to the law;
• for the awarding by tender of the design of public works at the "Feasibility Study" stage, according to the law;
• for legal actions and notarial operations concerning real estate transactions, when these operations concern:

- merging, respectively dividing land from/into at least 3 plots;

- parceling or merging of plots requested for the purpose of carrying out construction and infrastructure works;

- establishing a right of way in regard to 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;
• The analysis, by the Approval and Agreements Issuance Department of the Technical Investment Directorate, of the technical documentation submitted by the applicant;
• The issuance by the Arad County Council, through the Approval and Agreements Issuance Department, of the Location and/or Road Access Permit in duplicating the area of the public road, within 15 calendar days from the date of submission of the documentation by the applicant, or the communication of the Refusal to issue the Location and/or Road Access Permit in sop of the public road, as applicable;
• The Location and/or Road Access Permit in the area of the public road/Refusal to issue the Location and/or Road Access Permit in the area of the public road will be signed by the President of the Arad County Council, Executive Director of the Technical Investment Directorate, Head of Road and Bridge Administration Service, and by the one who drafted it within the Approval and Agreements Issuance Department;
• The communication of the Location and/or Road Access Permit in the area of the public road/Refusal to issue the Location and/or Road Access Permit in the area of the public road to the applicant, by the Approval and Agreements Issuance Department.