Legislative analysis · Zoning and construction
The 2026 Urbanism Code (Law no. 169/2026): what changes from 25 August, who has new obligations and how the regularisation permit works
One law, one permitting track, one digital file — and a one-year window for legalising unauthorised buildings.
The Spatial Planning, Urbanism and Construction Code (CATUC), namely Law no. 169/2026, was published in the Official Gazette no. 661 of 10 August 2026 and enters into force on 25 August 2026. The Code repeals Law no. 350/2001 on spatial planning and urbanism and Law no. 50/1991 on construction permitting, and consolidates more than 20 normative acts into a single text. The most important novelties are integrated permitting through a national digital platform, tacit approval as the rule, a notification regime for small works, fines of up to RON 1,000,000 for unauthorised buildings, and a regularisation permit, with a one-year transitional window for legalisation at fees ten times higher.
The origin and rationale of the Code
The adoption of the Code concludes a long process of legislative reform. The field was governed by fragmented and frequently amended legislation, in which Law 50/1991 on construction permitting, Law 350/2001 on urbanism and Law 10/1995 on quality in construction coexisted with dozens of government decisions, orders and technical norms that overlapped or contradicted one another. In practice, the approval of a documentation could take years, each town hall had its own habits, and the courts frequently annulled permits and urban plans.
Codification was assumed by Romania as a reform under the National Recovery and Resilience Plan (Reform 5, milestone 315), on which non-reimbursable funds of approximately €972 million depended. The draft was prepared by the Ministry of Development, Public Works and Administration, approved by the Government in March 2023 (PL-x 418/2023), voted by the Chamber of Deputies in July 2026, then by the Senate, and promulgated by Presidential Decree no. 720/2026, after nearly seven years of debates and successive versions.
The underlying logic is simple. One law, one permitting track, one digital file. The Code brings together the rules on spatial planning and urbanism (Book I) with the regime of construction and construction quality (Book II), on the model of codifications in other European states. Entry into force is automatic and does not depend on the adoption of secondary norms, which means that from 25 August 2026 the Code applies even if the ministerial orders and implementing methodologies have not yet been issued.
The main novelties
The first structural change is integrated permitting. Urban planning documentations are approved on the basis of a single integrated approval, issued by the National Integrated Permitting Commission or the local integrated permitting commissions, and permit applications pass through a Single Agreement Commission, filed through the Single Desk. Once the integrated approval is obtained, no other authority may request additional approvals or duplicate fees for the same documentation.
The entire flow moves onto the National Platform for urban and territorial planning and construction permitting, from filing to the issuance of the acts. The platform interconnects with the National Register of Constructions and the National Register of Buildings, which gradually replace the paper technical book.
Tacit approval becomes the rule. If the authority does not respond within the legal deadline and does not issue a reasoned refusal, the approval is deemed granted, both for urban planning documentations and for individual approvals in permitting and in the notification procedure. The institutions of defence, public order and national security are exempted.
The urbanism certificate is split into five types, with issuance deadlines of 5-15 working days compared to 30 days under the old regime, validity of 12-36 months (60 months for public investments), and a new, severe sanction. An incomplete certificate is null, and cadastral operations carried out without a certificate are struck by absolute nullity.
In place of the old "with or without a permit" division, the Code establishes three regimes for executing works. The permit remains the rule. Prior notification, with a simplified technical project, covers small works and certain constructions in rural areas. Only the expressly listed repairs and minor interventions remain free of any formality, outside protected areas. Note that many works which today require nothing will, from 25 August, require at least a notification, with a waiting period of 15 working days.
The detailed urban plan (PUD) receives new powers. It can amend, within preset limits, higher-ranking documentations, for example through a one-off increase of up to 20% of the land occupancy (POT) or land use coefficient (CUT), without the long procedure of amending the PUG or PUZ.
The Code sets deadlines for the authorities too. General urban plans older than 7 years must be updated within 3 years, on pain of losing access to public funds. The integrated permitting commissions must be operational within 45 working days of publication, and all approval-issuing entities must update their procedures within 120 days.
The general obligations, applicable to everyone
Even for works exempt from any formality, the Code preserves a set of general obligations that never disappear:
- compliance with urban planning regulations (PUG, RLU, zoning) and with the regime of protected areas and historical monuments;
- compliance with the fundamental quality requirements in construction: mechanical resistance and stability, fire safety, hygiene and health, safety in operation, noise protection and energy economy;
- compliance with environmental legislation and neighbours' rights, since the Civil Code remains fully applicable;
- acceptance of the works, preparation of the technical documents and registration in the National Register of Constructions;
- tax declaration of the buildings.
The specific obligations, by category of actor
The beneficiary or developer chooses the correct procedure (permit, notification or exemption), announces the start of works, displays the identification panel, executes the works according to the documentation, and bears the costs of conservation or demolition measures in case of irregularities. The absence of the panel is fined with RON 2,000. For developers and contractors, the Code provides for civil liability insurance for a period of 10 years, for defects appearing after acceptance.
Designers, verifiers, experts, site supervisors and technical managers bear administrative, civil, criminal and professional liability. They must hold professional liability insurance for the duration of their contracts, and certified specialists for the entire period of practising the profession. Signing documentation outside one's certified speciality is a criminal offence, and the Code also allows suspension of the right to practise.
Authorities and officials have, for the first time, their own contraventions. Requesting unjustified approvals, rejecting an approval without reasons, exceeding legal deadlines or unlawfully issuing acts attract fines and disciplinary, civil or criminal liability. It is a change of philosophy: deadlines are no longer only for the citizen.
Unauthorised buildings and the new sanctions
The sanctioning regime is extended and recalibrated compared to Law 50/1991:
| Act | Sanction |
|---|---|
| Works without a permit or in breach of it | RON 50,000 – 1,000,000 |
| Each level built above the authorised height regime | + RON 50,000 – 500,000 / level |
| Works without the required prior notification | RON 5,000 – 50,000 |
| Omitting the notice for exempted works | RON 50,000 – 100,000 |
| Failure to display the panel or announce the start of works | RON 2,000 |
| Breaches of construction quality rules | RON 10,000 – 100,000 |
The fine for each additional unauthorised level is a first, aimed directly at the practice of adding storeys beyond what the permit allows. Works without a permit on historical monuments or in protected areas, continuing works after a stop order, and breaking seals remain criminal offences, punishable by imprisonment from 3 months to one year or a criminal fine.
For buildings found to be unauthorised, the local building tax is increased by 100% until regularisation or demolition.
The regularisation permit, step by step
The most discussed instrument of the Code is the regularisation permit (art. 301), which allows the legalisation of buildings erected without a permit or in breach of it.
The permanent regime covers only three categories:
- single-family homes, ground floor or ground plus one floor, with a total built area of at most 150 sqm;
- annexes of dwellings, household annexes or annexes of agricultural holdings, also up to 150 sqm;
- balcony enclosures, without extension onto the public domain.
Historical monuments, their protection zones and protected built areas are excluded.
The one-year transitional window, running from 25 August 2026 to 25 August 2027, extends regularisation to any other category of unauthorised buildings, under strict conditions. The building must comply with the urban planning regulations in force at the date of the application, meet the fundamental quality requirements, evidenced by a technical expertise drawn up by certified experts, obtain the environmental approvals, and the applicant must pay their tax obligations and contravention sanctions. The price is designed to discourage: the State Inspectorate quotas and the certificate and permitting fees are calculated at a level ten times higher than standard.
- A 140 sqm ground-plus-one house, built in 2015 without a permit, within town limits and compliant with the general urban plan, is eligible under the permanent regime. Technical expertises on the fundamental requirements and verification of urban planning conformity are needed.
- An attic added beyond the initial permit on a ground-plus-two building does not fall under the permanent regime. It can be regularised only within the one-year window, at tenfold fees, and if it exceeds the height regime in the zonal plan, the town hall may require partial demolition before regularisation.
- An enclosed apartment balcony, without extension onto the public domain, is eligible under the permanent regime.
- A 400 sqm industrial hall erected without a permit in 2022, compliant with the area's urbanism, can be regularised only within the one-year transitional window. After 25 August 2027, the only prospect is demolition.
The consequences of failing to regularise are severe. After the one-year window expires, the local authority can directly demolish the unauthorised works and recover the costs from the owner, and in the other cases the mayor is required to refer the matter to court within 30 days. The demolition judgment is an enforceable title, and all demolition costs are recovered from the offender.
How it applies in practice
For pending files, the rule is continuity. Urbanism procedures started before 25 August remain under the old law, urbanism certificates already issued retain their validity, approvals already obtained remain valid, and missing ones can be routed to the new integrated permitting commission through a simplified analysis. It is worth checking, project by project, which regime each file falls under, before any new filing.
Anyone planning small works must add the notification stage to their calendar. Works may start only after the authority's 15-working-day period expires, plus 15 calendar days from tacit approval. The notification requires a simplified technical project signed by professionals, so it is not a mere request, and the execution period is 3 years.
Owners of unauthorised buildings should evaluate now the cost-benefit ratio. The one-year window is wide but expensive, with tenfold fees and a 100% increased tax until regularisation, and after it closes the alternative is demolition. A preliminary technical expertise shows whether the building can pass the quality conditions before starting the procedure.
Developers gain new levers, including the amendment permit for changes during execution without redoing the whole procedure, the detailed urban plan with an increase of up to 20% POT or CUT, and the single permit for mixed investments. In exchange, the new risks must also be budgeted: the per-level fines and the insured 10-year liability.
Comparison with other EU Member States
Codification aligns Romania with European practice, where the major jurisdictions have had a unified planning law for decades.
France has the Code de l'urbanisme for planning and the Code de la construction et de l'habitation for construction — two distinct codes. Regularisation of buildings without a permit exists there too. The owner files a permit application, assessed under the urban planning rules in force at the date of the application, and the Council of State recently confirmed, by its decision of 31 March 2026 (no. 494252), that regularisation remains possible even if the land has meanwhile become unbuildable. Romania took over the regularisation-application model, but deliberately limited it in time and made it expensive.
Germany operates with the federal Baugesetzbuch (BauGB), complemented by the building laws of the Länder, and is much stricter. Building without a permit, the so-called Schwarzbau, is in principle not retroactively approvable, and legalisation remains possible only in rare cases. The common point with Romania is the pressure to accelerate permitting, visible in the "Bau-Turbo" package adopted in 2025.
Italy has the Testo Unico dell'Edilizia (DPR 380/2001), itself undergoing recodification into a new Codice dell'Edilizia. The Italian "double conformity" rule for sanatoria requires a building to comply both at the date of erection and at the date of the application, so it is stricter than the Romanian test, which requires conformity only at the date of the request. On the other hand, Italy's repeated building amnesties (condono edilizio) are exactly the model the Romanian legislator wanted to avoid, which is why the Romanian window lasts one year and costs a lot.
Romania joins the group of states with codified planning law, with a regularisation mechanism more generous than the German one, more restrictive than the French one, and explicitly built not to become an Italian condono.
Frequently asked questions (FAQ)
When does the Urbanism Code (Law 169/2026) enter into force?
On 25 August 2026, 15 days after publication in the Official Gazette no. 661 of 10 August 2026. Application is automatic and does not depend on secondary norms.
Which laws does the new Code repeal?
Law no. 50/1991 on construction permitting, Law no. 350/2001 on spatial planning and urbanism, parts of Law no. 10/1995 on quality in construction and other related acts. In total, the Code consolidates more than 20 normative acts.
What can I build without any permit after 25 August 2026?
Only the works expressly listed in art. 299, including repairs that do not change the architectural form and appearance, finishes, joinery preserving the openings, interior installations, demountable pergolas and terraces within the property, and demountable rural annexes of at most 20 sqm — all outside protected areas. Some exempted works, for example photovoltaic panels for prosumers, still require a prior notice, and omitting it is fined with RON 50,000-100,000.
Can I build a 150 sqm house with only a notification, without a permit?
Yes, but under strict conditions. It concerns a single dwelling, ground floor or basement-plus-ground floor without a cellar, of at most 150 sqm, in the eligible rural intravilan, outside protected areas and metropolitan territories, with a project signed by an architect and engineers, geotechnical and topographic studies, acceptance and registration. It is not a house without a project.
What fine do I risk if I build without a permit?
Between RON 50,000 and 1,000,000, plus RON 50,000-500,000 for each level built above the authorised height regime, and the 100% increase of the building tax until regularisation or demolition. On historical monuments and in protected areas, the act is a criminal offence.
Does paying the fine legalise my building?
No. The fine is only the contravention sanction. Legalisation is obtained exclusively through the regularisation permit, if the technical, urban planning and environmental conditions are met.
What is the regularisation permit and who can benefit?
It is the instrument through which an unpermitted building becomes legal. Under the permanent regime, single-family homes of at most 150 sqm (ground or ground-plus-one), annexes of at most 150 sqm and balcony enclosures are eligible. Transitionally, for one year from entry into force, any other building compliant with urbanism and quality requirements can be regularised, but at fees ten times higher.
How long is the regularisation window for large buildings?
One year from entry into force, so roughly until 25 August 2027. After this deadline, the mayor is required to seek demolition in court, within 30 days.
Is there a period after which the state can no longer demolish my building?
The Code provides a 10-year limitation period from the actual completion of the works for the authority's right to bring the demolition or regularisation action. Reaching the deadline does not, however, amount to automatic legalisation and does not erase the other consequences, such as the impossibility of land-book registration and the increased tax.
What happens to an urbanism certificate or permit obtained before 25 August 2026?
They remain valid. Procedures started under the old law continue, as a rule, under the old law, and approvals already obtained are preserved.
What is tacit approval and how do I use it?
If the authority does not respond within the legal deadline and does not issue a reasoned refusal, the approval is deemed granted. The applicant continues the procedure with proof of filing and a declaration that no reasoned refusal was received. Approvals of the defence, public order and national security institutions are exempted.
Do town halls have new obligations too?
Yes. Town halls must update within 3 years the general urban plans older than 7 years, otherwise they lose access to public funds, operationalise the integrated permitting commissions within 45 working days, and update their procedures within 120 days. Requesting unjustified approvals or exceeding deadlines become contraventions.
Official sources
- Law no. 169/2026 on the Spatial Planning, Urbanism and Construction Code, published in the Official Gazette no. 661 of 10 August 2026 — legislatie.just.ro.
- Chamber of Deputies, file of draft law PL-x 418/2023 — cdep.ro.