Did you build the house without a permit? When demolition becomes mandatory. Guide to getting into law
In Romania there are many houses built without authorization, the legislation already provides for the doubling of taxes for a period of five years and even the demolition of the construction in certain situations. The specialists consulted by “Adevărul” explained how the owners of these homes can enter into legality.
In Romania there are many houses built without authorization. Archive photo
Starting from January 1, 2026, the legislation in Romania regarding homes built without authorization has brought a series of important changes that change the way such situations are managed. The main direction of the new regulations is to simplify the procedures for obtaining building permits, but building a house without this document continues to be sanctioned by fines, work stoppage and, in some cases, even the demolition of the construction.
One of the most important novelties is the introduction of tougher tax penalties. Owners of buildings constructed without a permit may be required to pay an increased tax, even up to 100%, for a period of several years, while also being required to declare these constructions.
Fines between 1,000 and 100,000 lei
The specialists consulted by “Adevărul” explained under what conditions the demolition of the building can be requested and what the owners can do to comply with the law.
“Building a building without authorization constitutes a contravention under Law No. 50/1991. According to Article 26 paragraph (1) letter a) of this normative act, the act is sanctioned with a fine between 1,000 lei and 100,000 lei.
With the application of the fine, according to art. 28 para. (1) and (2) of Law no. 50/1991, complementary measures can also be ordered, such as: stopping the execution of the works and, as the case may be, abolishing the construction executed without authorization, the decision to maintain or abolish it belongs to the competent public administration authority, based on urban plans and related regulations, or, as the case may be, to the court”lawyer Carmen Bănățeanu told “Adevărul”.
According to her, the limitation period for liability in this situation is 3 years from the date of actual completion of the construction. After the completion of this term, the authorities can no longer apply contraventional sanctions.
In serious situations, such as unauthorized construction works in connection with buildings and historical monuments or the continuation of works after the control body has ordered their suspension, the act can be classified as a crime, according to art. 24 of Law no. 50/1991, she added, stating that the statute of limitations for criminal liability is 3 years from the date of the crime.
The control bodies can even demand the demolition of the construction
Building a house without a building permit is one of the most common legal problems in the real estate field in Romania, explained lawyer Elisabeta Stan.
“Although, in practice, many owners choose this option due to time or cost considerations, the consequences can be significant both from the perspective of contraventional sanctions and subsequent difficulties in capitalizing the property”, the lawyer declared for “Adevărul”.
In addition, in addition to the fines that can even reach 100.00 and can no longer be paid in half as it was not long ago, together with the fine, the control bodies can order complementary sanctions.
“The control bodies can order, in addition to imposing fines, also the stoppage of works, the obligation to enter into legality by obtaining the building permit and even the abolition of the construction, in the situation where the building permit cannot be obtained within the term granted by the control bodies“, said Elisabeta Stan, adding that town halls or the State Construction Inspectorate can determine the amount of fines.
Increased taxes
According to the Fiscal Code, in case of construction of a building during the year, its owner has the obligation to submit a declaration to the local fiscal body in whose territorial radius the building is located, within 30 days from the date of acquisition and owes tax on buildings starting from January 1 of the following year, said lawyer Carmen Bănățeanu.
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“Declaring the buildings for taxation purposes and registering them in the records of the local public administration authorities is a legal obligation of the taxpayers who own these buildings, even if they were executed without a building permit or with non-compliance with it”Banățeanu said.
According to her, in the case of non-declaration of the building, by the owner, according to art. 461 of the Fiscal Code, the amount of the tax established by the local fiscal body is successively increased, by 30% for each interval of delay or fraction of an interval of 6 months of delay, calculated after the expiration of the 30-day period, applied to the amount of the tax initially established. The increase is applied for the fiscal year for which the tax is determined.
On the other hand, the lawyer Elisabeta Stan emphasized that “unfinished constructions, but executed on the basis of a building permit whose validity has expired, are also taxable”.
“In this situation, the tax is due only for the unfolded built surface that has the basic structural elements of a building, namely walls and roof, and is calculated by reference to the unfolded built surface mentioned in the report of partial reception.
Building tax may be assessed for a period of 5 years prior to the audit, late payment penalties, interest and non-declaration penalties may be applicable. said Elisabeta Stan for “Adevărul”.
How to get into legality
There are several ways in which a construction carried out without a permit can be regulated.
“If the age of the construction is more than 3 years, the contravention fine can no longer be applied, but for its tabulation it is necessary to carry out a technical expertise to confirm that the building corresponds from a technical and structural point of view. If the age of the construction is less than 3 years, then entry into legality involves going through the entire authorization process, which begins with the request for the urban planning certificate.
In this last hypothesis, entry into legality can only be carried out in the situation where the building falls within the limits of the town planning documentation approved for the area where it was built. In the case of constructions whose age is less than 3 years, the omission of entry into legality may attract the demolition of the construction”said lawyer Elisabeta Stan.
Different procedures for buildings built before or after 2001
Lawyer Carmen Bănățeanu explained that there are different ways of entering legality depending on the year of construction, i.e. before or after 2001.
In the case of those built before 2001, the construction will be tabulated on the basis of the fiscal attestation certificate, which includes the actual surface of the construction and the related land, issued by the local public administration authority within whose radius the construction is located, as well as the cadastral documentation drawn up for this purpose.
In the case of constructions built after 2001, direct tabulation can be done in the situation where the construction is older than 3 years after the completion of the works
“In this hypothesis, the limitation period for contraventional liability has expired, and contraventional sanctions can no longer be ordered, and Law No. 50/1991 allows entry into legality by tabulating the construction in the absence of authorization and the reception report upon completion of the works, only on the basis of the attestation certificate/certificate regarding the building of the construction, issued on the basis of a technical expertise regarding compliance with the applicable fundamental requirements regarding quality in construction, including with the inclusion in the approved town planning regulations and a cadastral documentation”explained Bănățeanu for “Adevărul”.
Fines of up to 100,000 lei for any constructions without authorization in yards and gardens
According to her, the provisions refer only to the hypothesis in which the statute of limitations for contraventional liability is fulfilled, thus taking into account only the contraventional liability for the execution of construction works without a building permit or with its non-compliance.
“When the deed qualifies as a crime, the legal provisions do not allow entry into legality in this way, even if the statute of limitations for criminal liability is still 3 years”explained lawyer Bănățeanu.
In the situation where the construction is not more than 3 years old from the completion of the works, entry into legality can be achieved exclusively by obtaining a construction authorization of entry into legality, in which case the competent authority will verify compliance with legal requirements and urban planning documentation.
“If these conditions are not met, the local authority can refuse to issue the authorization, in which case the abolition of the construction may be requested by the control bodies“explained Carmen Bănățeanu.
