Article written by Andreea Cristina Secu, attorney-at-law, and Cristina Coarnă, attorney-at-law — attorneys at Secu Legal
Law no. 169/2026 establishes a simplified regime under which a range of common works — from interior repartitioning to enclosing balconies or building a garage — may be carried out without a building permit, on the basis of a simple notification submitted to the local authority. For interior partitioning works, the notification brings a long-awaited procedural framework to an area where, until now, the permitting requirement — particularly in the case of drywall (plasterboard) partitions — was deeply unclear.
The Code on spatial planning, urbanism and construction — in short, the Urban Planning Code — was published in the Official Gazette on 10.08.2026 and is set to enter into force 15 days after publication, i.e. on 25.08.2026.
One of the most significant novelties introduced by the Code is the simplified notification procedure: for the categories of works exhaustively listed in Art. 294 of the Code, the building permit disappears, being replaced by a prior notification addressed to the local public administration authority, based on a design prepared by “teams of architects, civil engineers and building services design engineers, as well as other types of engineers depending on the specifics of the projects” (Art. 294 para. 1).
Interior repartitioning enters the notification era
The list of notifiable works also includes changes to the interior partitioning of buildings — a category which covers works carried out by apartment owners in condominiums when reconfiguring their living space (but which is not limited to such works, also covering those carried out in buildings with other uses — offices, warehouses, retail premises):
Art. 294 para. (2) let. b) item viii of the Code:
“changes to interior partitioning, non-structural, demountable, made of lightweight materials, only if the length and/or clearance of escape routes are not affected, nor the operation of installations serving fire safety, nor the fire resistance rating/fire stability level of the building”
An important clarification regarding the scope of this category: the text covers only partitioning works — that is, the installation or repositioning of dividing walls — that are non-structural, demountable and made of lightweight materials.
The demolition of existing walls — whether structural/load-bearing or non-structural (for example, masonry dividing walls) — does not fall within this category: demolition is a work of a definitive nature which, by definition, does not satisfy the “demountable” condition.
By way of exception, such works (i.e. works involving the removal of existing walls) are permitted on the basis of a notification only for single-family homes, under Art. 294 para. (2) let. b) item v of the Code — “changes to partitioning/remodelling of non-structural interior or exterior walls, provided the size of the house is not altered, for single-family homes” — a provision which permits both the removal and the installation of non-structural walls, interior or exterior, without the conditions of demountability or lightweight materials.
For buildings other than single-family homes (e.g. condominium apartments, office buildings, warehouses, retail), only the restrictive category under item viii remains applicable — namely partitioning works (installation of dividing walls) that are non-structural, demountable and made of lightweight materials — while the demolition of walls, even non-structural ones, remains subject to the permitting regime, as under Law no. 50/1991.
Drywall partitions: a dilemma almost resolved
Under Law no. 50/1991 as well, changes to non-structural, demountable partitioning made of lightweight materials were exempt from the permitting requirement, with no other simplified procedure provided for these categories of works (such as the notification provided for by the Code):
Art. 11 para. (1) of Law no. 50/1991:
“The following works, which do not alter the resistance structure and/or the architectural appearance of buildings, may be carried out without a building/demolition permit, except where they are carried out on the categories of buildings referred to in Art. 3 para. (1) let. b): (…) n) changes to non-structural, demountable partitioning made of lightweight materials;”
In reality, however, applying this exemption to the most common repartitioning works — e.g. the removal of non-structural interior masonry walls and partitioning carried out with plasterboard walls — generated considerable practical uncertainty, and even under the current Code it is not sufficiently clear what the legislator means by “demountable partitioning made of lightweight materials”.
In practice, some local authorities and architects take the view that the installation of drywall partitions would not fall within the exemption from the permitting requirement provided for in Art. 11 para. (1) let. n) of Law no. 50/1991 (and that a building permit would therefore be required), since a classic drywall partition — boards fixed with screws onto a metal frame anchored into the floor slabs and walls, with joints filled and finished — is not properly speaking “lightweight”, nor can it be “demounted” without being damaged. This is all the more so given that, in some situations, repartitioning with drywall may affect the building’s fire safety scenario and its fire safety permit issued by the Inspectorate for Emergency Situations (ISU).
On the other hand, if drywall partitions — the standard interior partitioning solution of recent decades — do not fall within the scope of the provision, it is hard to imagine what other types of partitioning the legislator could have had in mind when exempting from permitting the partitions that are “non-structural, demountable, made of lightweight materials”.
The new Urban Planning Code takes over the same formula from Law no. 50/1991 — “non-structural, demountable, made of lightweight materials” — so the debate over the classification of drywall partitions does not disappear of its own accord (except for single-family homes, where the broader category under item v also covers such walls). Nevertheless, the Code introduces an important condition that did not exist under Law no. 50/1991: the length and clearance of escape routes, the installations serving fire safety and the fire resistance rating/fire stability level must not be affected:
Art. 294 para. (2): “The construction works that may be carried out on the basis of a notification submitted to the local public administration authorities competent to issue building permits, in compliance with the urban planning regulations in force, are the following: (…)
- carrying out interventions on existing buildings, outside protected built-up areas and the protection zones of historical monuments, as follows: (…)
- changes to interior partitioning, non-structural, demountable, made of lightweight materials, only if the length and/or clearance of escape routes are not affected, nor the operation of installations serving fire safety, nor the fire resistance rating/fire stability level of the building.”
Moreover, under the Code, instead of interpreting on one’s own whether or not the work required a building permit — with all the attendant risks — the beneficiary now goes through a procedure in which the local authority takes a position from the outset: it may request technical clarifications or may communicate, within the 15-working-day period, “the need to apply for and obtain a building/demolition/regularisation/modification permit for the execution of the notified works” (Art. 296 para. 1 let. d).
Where it does not apply: protected areas
The notification procedure operates only for buildings located outside protected built-up areas and the protection zones of historical monuments — a condition expressly stated both for new buildings (Art. 294 para. 2 let. a) and for interventions on existing buildings (Art. 294 para. 2 let. b). There is, however, a safety valve, regulated by Art. 294 para. (3):
Art. 294 para. (3) of the Code:
“Construction works may be carried out on the basis of a prior notification to the local public administration authority and to the deconcentrated service of the central authority competent in the field of cultural heritage protection, and on the basis of the written consent of that deconcentrated service setting out the conditions and time limits for the execution of the works, only for the following categories of construction works carried out on buildings located in the protection zone of monuments or in protected built-up areas, which are not listed historical monuments or in the process of being listed, or where they do not constitute buildings of architectural or historical value, as established through urban planning documentation: […] g) changes to non-structural, demountable partitioning, made of lightweight materials, which do not alter the interior spatial concept;”
The same condition — that the interior spatial concept must not be altered in the case of partitioning works on this category of buildings — also existed under Law no. 50/1991:
Art. 11 para. (2) let. g) of Law no. 50/1991
“The following works, which do not alter the resistance structure and/or the architectural appearance of buildings located in the protection zones of monuments or in protected built-up areas, which are not listed historical monuments or in the process of being listed, or where they do not constitute buildings of architectural or historical value, as established through approved urban planning documentation, may be carried out without a building/demolition permit: (…) g) changes to non-structural, demountable partitioning, made of lightweight materials, which do not alter the interior spatial concept.”
It should be borne in mind, however, that as a rule the installation of drywall partitions does alter the interior spatial concept — for example, where the number of rooms or their layout or surface area is changed — so that, for buildings in protection zones, such repartitioning works will in most cases not be feasible by way of notification. In our view, by contrast, the installation of simple dividers made of lightweight, demountable materials, which do not redefine the rooms, does not constitute a change to the interior spatial concept.
The simplified notification procedure is conditional on the preparation of a design and the payment of a fee
The notification is made by completing a form (to be approved by order of the minister responsible for spatial planning, urbanism and construction — Art. 295 para. 10) and by:
Art. 295 para. (4) of the Code:
“attaching a technical execution design with simplified content prepared by specialised technical teams according to the particularities of the project, namely architects with signature rights, civil engineers, as well as other types of engineers involved in the construction activity, accompanied by payment of the fees provided by law for the issuance of permits.”
The procedure is not free of charge either: for works subject to the simplified procedure, “the fee charged by the local authority shall be equal to half of the fee established under Law no. 227/2015 […] for the issuance of the building, development, modification, regularisation or demolition permit, depending on the type of works proposed” (Art. 313 para. 4).
The liability regime is also worth emphasising: the notification “serves as a declaration on the beneficiary’s own responsibility regarding the fulfilment of the conditions for carrying out the work exclusively on the basis of the notification” (Art. 297 para. 2), and the notified works are carried out “without technical verification for the fundamental quality requirements being necessary, responsibility for the correctness of the design resting exclusively with the design team, each within their field of specialisation” (Art. 298 para. 2).
Compliance with urban planning regulations and technical regulations remains mandatory, with liability resting with the beneficiary, the designers and the contractors (Art. 297 paras. 3 and 4).
Who submits the notification and how
The notification “shall be completed and submitted by the holder of a principal real right over the property or of a right of claim, as the case may be” (Art. 295 para. 2) — thus also by a tenant or a gratuitous borrower, within the limits of their right, if such a right arises from the contract. It must be submitted “in all cases prior to the commencement of the works” (Art. 295 para. 1), in written or digital format, to the competent local public administration authority; if it has been misdirected, the receiving authority forwards it ex officio to the competent authority and informs the applicant (Art. 295 para. 8).
The authority automatically confirms receipt of a notification submitted digitally, or, for one filed at its offices, on the date of filing (Art. 295 para. 6).
Tacit approval where the authority fails to respond within 15 days
After examining the notification, the local authority decides, as the case may be (Art. 296 para. 1):
- tacit approval — “which takes effect upon the expiry of a period of 15 working days from receipt of the notification” (let. a);
- informing the sender of the need for technical clarifications or additions, within a maximum of 15 working days (let. b);
- requesting supplementary documentation needed to obtain endorsements and approvals through the single-approval committee or independently (let. c);
- informing the sender of the need to obtain a building, demolition, regularisation or modification permit (let. d); or
- rejecting the notification, “where the proposed works contravene the provisions of the applicable urban planning and spatial planning documentation, the legal regulations in force or other mandatory conditions, stating the reasons” (let. e).
The notices are signed by the chief architect or by the person with responsibility in the field (Art. 296 para. 3). In the absence of any reaction from the authority after 15 days, the notification is deemed tacitly approved.
The list of works carried out on the basis of notifications is public: the authority updates and displays it monthly, at its offices and on its own website, indicating the notifications that were tacitly approved (Art. 314 para. 10).
The works timeline: start only after 15 more days, completion within 3 years
The 15-calendar-day period is not a deadline for starting the works, but a suspensive period — a mandatory waiting period. Under Art. 296 para. (6), “the commencement of the notified works shall take place 15 calendar days after the expiry of the period provided for in para. (1) let. a) or, as the case may be, from the full satisfaction of the conditions referred to in para. (1) let. b), c) and d)”. Art. 298 para. (1) expressly provides that the execution of the works “may begin only after the expiry” of this period. Thus, in the tacit approval scenario, the beneficiary may start the works approximately one month after filing the notification (15 working days + 15 calendar days).
The time limit for completing the notified works is “3 years from the expiry of the periods provided for in para. (1)” (Art. 296 para. 5). Upon commencement of the works, the beneficiary is required to display, in a visible location, the investment identification panel (Art. 298 para. 5).
Acceptance of works and the land register
Upon completion, the works are subject to acceptance at completion, which is carried out “between the contractor, the beneficiary and a representative of the administrative-territorial unit”; a copy of the acceptance protocol is recorded in the National Construction Register, the registration obligation resting with the beneficiary, and “until the National Construction Register becomes operational, a copy of the acceptance protocol shall be sent physically or by e-mail to the State Construction Inspectorate (I.S.C.)” (Art. 298 para. 6). The technical books of the buildings are supplemented with the documents underlying the notification procedure (Art. 296 para. 7).
Art. 298 para. (7) of the Code:
“The registration in the land register of the works carried out on the basis of the notification shall be made on the basis of proof of submission of the notification and of verification of the entry in the National Construction Register.”
Partitioning works are not the only ones exempt from permitting
The notification regime covers three broad categories of works. The first — new buildings in rural areas (Art. 294 para. 2 let. a), within built-up areas (intravilan), in compliance with the approved urban planning documentation:
- new buildings/structures ancillary to single-family homes — garages, covered terraces, pergolas, summer kitchens, gazebos, swimming pools, sanitary facilities — not exceeding 50 sqm in aggregate, including those under 20 sqm built with foundations, of a permanent, non-demountable nature (with the exception of rural localities located in metropolitan areas);
- a single new single-family home, with its own access and plot, ground floor or semi-basement plus ground floor, without a basement, with a gross floor area of no more than 150 sqm — exclusively on the basis of standard designs made available by the authorities (resulting from design competitions) or of individual designs prepared by teams of architects with signature rights and design engineers, in compliance with the Architecture Guide for local specificity drawn up by the Romanian Order of Architects (OAR) and endorsed by the county chief architect; for these works, a geotechnical study and a topographic study for adapting the standard design to the site are mandatory (Art. 298 para. 3).
The second category — interventions on existing buildings, anywhere in the country, outside protected areas (Art. 294 para. 2 let. b):
- building new enclosures by demolishing existing ones, in accordance with urban planning regulations;
- replacing the existing roof, in the same form or by reconfiguring and raising it by a maximum of 0.50 m, provided the eaves and ridge heights remain within the limits permitted by the urban planning regulation;
- converting existing attics into habitable lofts, including providing vertical circulation in single-family homes, without altering the overall volumetry and only if no structural strengthening works are required;
- renovating and extending the kitchen, renovating and extending the bathroom, as well as enclosing, in a uniform manner, loggias and balconies in apartments in multi-family residential buildings;
- changes to partitioning/remodelling of non-structural interior or exterior walls, provided the size of the house is not altered — only for single-family homes, not for condominium apartments;
- façade remodelling, only where the façades have no load-bearing structural role;
- uniform energy-efficiency rehabilitation works on the building envelope and/or roof — provided the structural system (flat roof/pitched roof) is not changed — for individual residential buildings with a maximum of 3 storeys;
- the changes to non-structural, demountable interior partitioning made of lightweight materials, analysed above;
- change of use, where it does not involve works for which the law requires a permit and only in compliance with the approved urban planning documentation, for commercial or office functions with public access;
- extensions or changes of use of rooms for the purpose of fitting out sanitary facilities or technical rooms of no more than 25 sqm;
- periodic maintenance and current repair works on utility network infrastructure and related installations.
The third category — development works (Art. 294 para. 4): campsites or holiday camps made of lightweight structures for a maximum of 20 persons (and their extension by a further maximum of 20), with access to utilities ensured; modifications within existing campsites (accesses, roads, parking areas, enclosures, lighting, sanitary facilities); sports grounds without spectator facilities; seasonal amusement parks of no more than 2 hectares; the development of public spaces and front gardens outside protected built-up areas; pavements, retaining walls, access stairs and outdoor terraces in protected built-up areas, subject to notification of the Ministry of Culture; funerary structures, with the approval of the cemetery administration; access ramps for persons with disabilities.
All these works are carried out “in compliance with the applicable legal provisions on quality in construction, the specific legislation on environmental impact assessment and appropriate assessment, the approved urban planning documentation, as well as the applicable legal provisions on the protection of cultural heritage” (Art. 294 para. 5); the notification may not be used where doing so would breach environmental legislation or the requirements applicable to special-purpose properties of the institutions within the national defence, public order and national security system (SNAOPSN) (Art. 297 para. 6).
The sanction for circumventing the procedure
Carrying out works “in the absence of a prior notification or in breach of the notified design” constitutes an administrative offence and is sanctioned with a fine of between RON 5,000 and RON 50,000 (Art. 357 para. 1 let. a and para. 4 let. a), in addition to which the control bodies may order measures for restoring legality or demolition pursuant to Art. 358.
For further details on the notification procedure and the works exempt from permitting, you can write to us at contact@seculegal.ro.
