Real Estate Newsletter No. 3/2010
Construction and building permitting related enactments
Order no. 1203/927/103 (published in the Official Gazette no. 289/2010) amending and supplementing the Methodological Norms for the application of Government Emergency Ordinance no. 18/2009 regarding the increase of the energetic performance of dwellings, approved by Order no. 163/540/23/2009 issued by the minister of dwelling and regional development, of the minister of public finance and vice-prime minister, of minister of administration and internal affairs.As a new provision, the above enactment provides that a mandate agreement, concluded between the local coordinating authority and the association of owners (in Romanian “asociatie de proprietari”), must be attached to the approval documentation for the increase of the energetic performance of dwellings.
Order no. 714 (published in the Official Gazette no. 341/2010) approving the financing guide of the Program for the increase of energetic resources obtained from renewable sources
The aforementioned guide shall be included in the Annex attached to the enactment. In addition, upon the entry into force of Order 714 above, Order no. 1342/2009 approving the financing Guide of the Program having as subject matter the production of energy from renewable sources shall be repealed.Moreover, the energy production projects (i.e., wind, geo-thermal, bio mass, hydro energies) undergoing the financing phase upon the entry into force of this enactment shall be implemented based on the legal provisions in force when they were initiated.
Forestry and agriculture related enactments
Law no. 95 (published in the Official Gazette no. 350/2010) amending point (1) of article 10 of the Forestry Code
The aforementioned enactment provides the obligation to manage as well as to ensure forestry services for all forests, irrespective of the type of ownership right exercised upon them, by means of forestry departments (in Romanian “ocol silvic”), except for those included under the experimental registrations of the “Marin Dracea” Research and Forestry Departments Institute, which shall be managed by the latter.
Law no. 100 (published in the Official Gazette no. 376/2010) for the forestation of wastelands
All wastelands, irrespective of the ownership right exercised upon them, shall be the subject matter of this enactment and shall serve for the improvement of soil and environment conditions.Such lands shall be included in the so called improvement areas (in Romanian “perimetre de ameliorare”). Furthermore, lands under public ownership of the state shall be included in the national forestry fund within 30 days as of their transfer under the administration of Romsilva. The other kinds of lands shall be included in an improvement area.Romsilva shall be empowered by the public authority managing the forestry domain to purchase in the name of the State, all wastelands, from any natural or legal person, within the limit of the budget allocated by the State. The refusal to be part to this type of acquisition is considered a minor offence and is punished by law.
Order no. 904 (published in the Official Gazette no. 435/2010) approving the Procedure regarding the set up and authorization if forestry departments and their attributions, template of set up documentation, organizing and functioning, as well as the content of the National Registry of forestry managers and of forestry departments
The permits, endorsements, registration certificates, issued based on Order of the minister of agriculture and rural development no.696/2008 for the approval of the Procedure regarding the set up and authorization of forestry departments and their attributions shall remain in full force.
Upon the entry into force of the aforementioned enactment, Order no.198/2009 approving the Procedure regarding the set up and authorization of forestry departments and their attributions, template of set up documentation, organizing and functioning, as well as the National Registry of forestry managers and of forestry departments shall be repealed.