The procedure regarding the authorization for the construction demolition
The procedure regarding the authorization for the construction demolition is regulated by the Law no. 50/1991 regarding the authorization for construction execution and the measures required for building construction, modified and completed by the Law no. 453/2001 and by the Methodological Norms for Applying the Law no.50/1991, approved by the MTCT Order no. 1.430/2005.
According with the law, the execution of the demolition works it is allowed only under the authorization of the demolition.
The demolition authorization issued at the request of the holder of the property title of the estate, land and/or construction, or any other act that gives the right to demolish.
The authorities that issue the demolition authorization are the public administration authorities, according to competent.
The release of the demolition authorization is made on the basis of a urbanism certificate. This certificate is the pre-planning certificate before obtaining the demolition authorization, issued by the local City Hall, which informs the applicant of the necessary documents to obtain the demolition authorization. .
The necessary documents to obtain the Urbanism Certificate are:
- Request form
- The ownership of the property (land or construction)
- Topographical plans, scale 1:500 – 1:2.000 and scale 1:2.000 – 1:10.000
- A memorandum which describes the works for which is being required the Urbanism Certificate
- The receipt for the payment of the legal taxes, according to the total area of the land
- The deadline for issuing the Urbanism Certificate is 30 days.
The necessary documents to obtain the demolition authorization are:
- Request form + attachments
- ID card or the document and a short presentation of the company
- The property title of the estate ( land or construction), in legalized copy
- Urbanism certificate ( in terms of validity)
- A declaration of of the owner in which results that the estate ( land or construction) is not the subject of a lawsuit
- A project for the demolition authorization, which is made by specialized people and signed by people with superior training in the field of architecture and construction. The project must be accompanied by the proof of the registration of the project in the Order of Architects from Romania
- Studies, legal approvals and the necessary agreements, established by the Urbanism Certificate, such as:
- Technical expertise for construction attached to skate with neighboring buildings that are kept, drawn by a technical certified expert
- Notice from RENEL for energy
- Notice from APANOVA for water-sewer
- Notice from RADET for heat
- Notice from DISTRIGAZ for gas
- A contract with an authorized company for the transportation and the storage of the waste resulted from the demolition
- Notice for the environment
- Cadastral documentation of the estate
- Certificate ATESTARE FISCALA regarding the value of the tax of the estate
- Receipt for payment of legal fees for issuing the demolition authorization, depending on the value of the estates that shall demolish.
In case that the demolition requires complex technical operations, at the same time with the demolition authorization, you also have to require the authorization for the organization of the works, for which the applicant will have to present the project for the organization of the work execution – written and drawn plans – and the specific notices (circulation notice, notice for the temporary occupation of the public domain, health notice).
The deadline for the for the release of the demolition authorization is 30 days.
