Oana Badarau, PELI Partners: From the appeal in the interest of the law to the demolition of the construction

Oana Badarau, PELI Partners: From the appeal in the interest of the law to the demolition of the construction

On April 8, 2019, the High Court issued a judgment regarding the construction works carried out without or with the non-compliance of the stipulations of the building authorization. Thus, after this decision will be published in the Official Monitor, the owner of the land that builds without authorization will no longer be able to ask the court to recognize his property right on the construction and thus to bypass the legal provisions that impose the construction of buildings only with building authorization and the verification/confirmation of its compliance by the minutes of reception at the completion of the construction works.

Although the Law of Constructions provided that the registration of a construction in the land book is not possible without the building permit and the minutes of reception at the completion of the construction works, the court practice was not unitary. Some courts have considered that the ownership right on the construction derives directly from the ownership right on the land, and the lack of administrative formalities could lead to administrative sanctions, but without affecting the recognition of the valid title of ownership on the construction in favor of the landowner.

However, the High Court has decided that the lack of the building authorization and the minutes of reception are impediments to the recognition in the court of the property right over a construction carried out by the owner of the land. The court is going to issue the motivation for this decision, but it is easy to suspect that it will gravitate around the public interest protected by the rules that impose the authorization of the constructions.

The immediate consequence is that those buildings (whose construction has not been authorized according to the law) could not be used. But what will happen to those construction works?

Probably in practice, we will see even more cases where the courts will order the demolition of the inadequate authorized constructions. If in the case of construction works executed on lands belonging to the public or private domain of the administrative-territorial units, the law expressly stipulates that no authorization for dismantling is required, this is an exception from the general regime for the dismantling of buildings. The rule says that for the cancellation of the constructions, it is necessary to have an authorization of cancellation, and the law does not provide an exception for the situation in which the cancellation would be imposed by the court.

However, given that the sphere of the people who can obtain an authorization of cancellation regarding the construction on a certain land is limited, and the proof of their interest is difficult, it seems that the effective implementation of a demolition decision is prevented by numerous impediments of practical nature.

SOURCE: https://www.wall-street.ro/articol/Real-Estate/240212/oana-badarau-de-la-recursul-in-interesul-legii-la-demolarea-constructiei.html