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

Simona Chirică
unpublished
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 composition of the commissions involved in the reception procedure, (ii) the role of the site
more » ... who thus gains significant 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 reception 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 / objectives / 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 objectives 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 construction , at a certain stage, and obtain its registration with the Land Book. JEL Classification: K25 1. The reception of buildings as a complex legal institution that crosses the vast legal framework governing the construction works and the corresponding installations The reception of construction works is a component of the construction quality system 2 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 series of organizational structures, responsibilities, regulations, procedures and means, which contribute to the realization of the construction's quality in all stages of conception, realization, exploitation and post-use of the buildings.
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