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

Author:Simona Chirica
Pages:27-39
SUMMARY

The new Regulation regarding the reception of construction works and corresponding 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... (see full summary)

 
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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.

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