Announced two years ago and long awaited by investors and specialists in the field, the Code of Territorial Planning, Urbanism and Construction (also known as the ATUC Code) seems to have entered an elaboration stage.

In Romania, the legislation in the fields of construction and urban planning has undergone multiple changes. Investors in construction are to well familiarized with the lack of consistency and overlapping of various norms.

Moreover, conflicting norms and a lack of correlation in between the legal framework and the reality on the ground still brings challenges in interpretations and compliance.

Expectations are high on the code to eliminate such defaults. The future code shall draw strategic guidelines on:

  • urban planning regulation,
  • the unitary approach of the construction sector and
  • the general principles and regulation in the construction field

An additional argument on the importance of the Code is the strengthening of the public administration work with responsibilities in this field.

The preliminary theses and proposals regarding the Code were elaborated with support from the Order of Romanian Architects and other specialists.

On March 13th, 2018, the Ministry of Regional Development and Public Administration launched a public debate on the Government Decision draft for endorsement of the preliminary theses of the Code.

Observations and proposals on the draft were received for a 30 days’ period until April 13th.

According to the proposed structure, the future ATUC Code will include two main parts, with six chapters (books) each, as follows:

  1. Part I: Code of Territorial Planning and Urbanism.

This first part of the Code will include:

  • General provisions on territorial and urban planning,
  • Rules applicable to the entire territory of Romania,
  • Regulation on real estate located within protected areas,
  • Regulation on urban planning divisions,
  • Rules on construction permitting and demolition permitting and
  • Rules on administrative claims and litigations regarding urban planning and construction permitting.
  1. Part II: Code of Construction.

The second part of the Code will include:

  • General provisions related to applicability, definitions and constructions classifications,
  • Construction performance criteria,
  • Roles and liability of those involved in a construction, including investors,
  • Rules applicable to each stage of investment,
  • Procurement systems roles, risks and liabilities,
  • Requirements on materials, products, equipment, technology.

In the following period of time, advancement on the ATUC Code are expected and much anticipated.

In the link below you can find the documents regarding the Code, made available up to the present:

http://www.mdrap.ro/proiect-de-hg-pentru-aprobarea-tezelor-prealabile-ale-proiectului-codului-amenajarii-teritoriului-urbanismului-si-constructiilor