Regulation regarding the reception of the construction works and the corresponding installations in Romania

• Author: Simona Chirica
• Pages: 27-39

Regulation regarding the reception of the construction works

and the corresponding installations in Romania

Lecturer Simona CHIRICĂ1

Abstract

The new Regulation regarding the reception of construction works and corre-

sponding installations, approved by Government's Decision no. 347/2017 (“Regulation

2017”) has general applicability for all construction works for which there is an obligation

to obtain a building permit. Regulation 2017 brings significant changes and clarifications

expected by the real estate sector regarding: (i) the composition of the commissions in-

volved in the reception procedure, (ii) the role of the site supervisor who thus gains signifi-

cant participation in the reception procedure, and (iii) the participation of the public au-

thorities' representatives at the reception, having the veto right on the decision of the recep-

tion commission upon the completion of the construction works. Another element of novelty

brought by Regulation 2017 is the possibility to do the reception upon the completion of the

construction works, respectively the final reception for parts / ob jectives / sectors of or

from the building, if they are distinct/ independent from a physical and functional point of

view. Thus, the new regulation facilitates the procedure of authorizing investment objec-

tives and the costs of the process. The partial reception is another innovation brought by

the Regulation 2017 in support of the investor, who can thus take over a part of the con-

struction, at a certain stage, and obtain its registration with the Land Book.

Keywords: construction law, construction works, construction quality, authorisa-

tion of construction

JEL Classification: K25

1. The reception of buildings as a complex legal institution that crosses

the vast legal framework governin g the construction works and the

corresponding installations

The reception of construction works is a component of the construction

quality system2 and represents a complex process by which, according to the law, it

is certified that the construction works are finalized, either for new buildings or for

interventions to existing buildings, with the observance of the applicable basic re-

1 Simona Chirică – Department of Law, Bucharest University of Economic Studies,

S.Chirica@schoenherr.eu

2 Art. 9 of Law no. 10/1995 on construction quality, republished in the Official Gazette no. 689 dated

11.09.2015, as modified and amended hereinafter. The construction quality system represents a se-

ries of organizational structures, responsibilities, regulations, procedures and means, which contrib-

ute to the realization of the construction's quality in all stages of conception, realization, exploita-

tion and post-use of the buildings.