Installation of Constructions without a Building Permit for which the Limitation of Liability Regarding Illegal Execution of Construction Works has Expired, Act of Celemination by the Authorities

Gabriela Manea

Academic Journal of Law and Governance, 2022, vol. 10, issue 1-2, 97-119

Abstract: In this article, I wanted to highlight the problem of buildings that were built on the basis of the building permit, but were not completed and for which, according to the latest legislative changes, the property right can be tabulated, but not noted or at most registered provisionally, without holding the acceptance report upon completion of construction works, as well as constructions built without a building permit or in violation of its provisions and for which the three-year statute of limitations, provided for by Article 31 of Law no. 50/1991, no longer allows the application of the contravention sanction according to the provisions of art. 26 of the same law. By reviewing some opinions from the specialized literature regarding the legal texts, on the interpretation of the provisions of art. 37, para. (6) of Law no. 50/1991 regarding the authorization of the execution of construction works, but also the problems that local public authorities encounter, in applying the provisions of the law, I proposed to argue the reasons why these provisions are lacunae and cannot be applied unitarily, becoming a issue of national interest, and due to the fact that it is not monitored and treated with due attention, it produces unwanted legal effects in the long term, thus introducing into the library of jurisprudence cases that bear the imprint of illegality and that have a negative impact on the development of society in general.

Date: 2022
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