Amendment of Law no. 10/1995 on construction quality by inserting new obligations incumbent to the investors and building owners

The President of Romania has promulgated on May 7, 2019 the Law no. 97/2019 regarding the amendment of Law no. 10/1995 on construction quality. The notable change is that operating buildings prior to the reception upon termination of construction works is deemed a contravention sanctioned with a fine.

The legislative project for amending Law no. 10/1995 on construction quality has been promulgated through Decree no. 435/2019 dated May 7, 2019 and thus becoming Law no. 97/2019 (the “Amendment Law”).

The Amendment Law supplements the list of the obligations provided under Law no. 10/1995 as the responsibility of investors and building owners, as follows:

– The investors and the building owners shall have the obligation to allow the operation of the construction solely after the reception upon termination of works has been performed.

– These obligations shall be applicable both with respect to new buildings, as well as upon performance of works to existing constructions if the operation of the building was interrupted during the execution of the construction works.

– Inobservance of the above-mentioned obligation is deemed a contravention and may be sanctioned with a fine between RON 20,000 and 40,000.

It appears from the explanatory report grounding the legislative project that these amendments were necessary in order to protect the life and health of the lessees.

Namely, it is intended to avoid the cases whereby new spaces are included on the real estate market without having signed reception minutes upon termination of works and without authorized connection to utilities in accordance with the permitted use of the building.

The Amendment Law shall be published in the Official Gazette and shall enter into force within 3 days as of its publication.

Maria Nitulescu, REFF & ASSOCIATES

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