Disputes with the municipality regarding expropriation, urban planning plans and building permits follow different procedures. Before taking action, the contested act, the aggrieved person, the competent court and the applicable deadline must be identified. The annulment of a urban planning act does not automatically invalidate any subsequent issued permit.
Expropriation: the procedure and the amount of compensation
In a expropriation for reasons of public utility, criticism regarding the acts and stages of the procedure must be separated from the dissatisfaction with the established amount. Article 22 of Law no. 255/2010 regulates the special action by which the expropriated person contests the amount of compensation. The action is filed with the competent court within the time period provided by law from the communication of the decision establishing the compensation; in this procedure, the transfer of ownership to the expropriator cannot be contested. The court verifies the method of determining the compensation and forms a commission of experts.
The challenge to the other administrative acts related to expropriation has a different object and must be analyzed in relation to Law no. 554/2004 and special regulations. It does not imply that the compensation action suspends the transfer or replaces the challenge to the acts that triggered the procedure.
See Law no. 255/2010, Art. 22.
Contestation of PUG, PUZ or PUD
Urban planning plans establish rules regarding the function of the land, the building regime, height, setbacks, and the use of the plot. For a dispute, the decision of the local council, the approved plan and regulations, the documentation that formed the basis for them, and proof of how the regulation affects the right or legitimate interest of the claimant are important.
The classification of the approval decision as an individual or normative act affects the preliminary procedure and the time limit for referral to the court. The Administrative Litigation Act allows for the challenge of administrative acts of a normative nature at any time, but this rule does not mean that any approval decision of a PUZ automatically has this nature. For individual acts, the time limits and procedures of Law no. 554/2004 apply, with rules depending on the communication and the status of the harmed person.
Consult Law no. 350/2001 and Administrative Litigation Law no. 554/2004.
Building permit and urban planning certificate
The building permit is an individual administrative act and can be challenged by the aggrieved person under administrative litigation. By Decision no. 643/2024, the Constitutional Court determined that the legal solution that excluded the aggrieved persons from challenging the permits was unconstitutional, although Article 12 of Law no. 50/1991 mentioned the prefect as the holder. The right to sue does not mean that any neighbor automatically wins: injury must be proven and the applicable procedures and deadlines must be observed.
The introduction of the action by an injured person does not automatically suspend the authorization or the works. Suspension must be requested to the court under the conditions of Law no. 554/2004, and the court analyzes the request separately. The urban planning certificate usually serves as an informative and preparatory document; the possibility of challenging it separately depends on the concrete effects it has on the applicant.
The Court's decision and the regime of permits can be verified in CCR Decision No. 643 of November 7, 2024 and in Law no. 50/1991.
The effects of the cancellation of an urban plan
The definitive annulment of a PUG or PUZ can affect the urban planning grounds taken into account when issuing subsequent acts, but it does not follow that all already issued permits automatically disappear. The legality of each permit, the effects of the annulment decision, the participation of the beneficiaries and the time limits for contesting must be analyzed separately. If the works are ongoing, verify without delay whether the conditions for suspending the act and stopping the works are met.
Documents and deadlines to check
Keep the title deed, the land registry extract, the urban planning certificate, the permit, the local council decision, the urban planning plans and regulations, the opinions, the proof of communication or publication and the correspondence with the municipality. Note the date on which you received or learned about the act: the deadlines vary depending on the subject of the action and the nature of the act. An early review of the administrative file can clarify the necessary evidence, the appropriate request and whether suspension can be requested.
