Romania’s new Urbanism Code is the law that was meant to transpose “in full” the result of the referendum of 24 November 2024, in which the residents of Bucharest decided that building permits should be issued by the General Mayor. Yet the article that actually governs the transfer of powers from the sector city halls to the General Mayor — Article 584 — refers, mistakenly, to Articles 132 and 134 of the Code (which concern the specialised department of the Bucharest City Hall and the ATU public expertise centres — non-governmental organisations). The powers of the sector mayors that the referendum targeted — the issuance of urban planning certificates and of building/demolition permits — are in fact set out in Articles 131 and 133. Read literally, the text governs the transfer to the General Mayor of none of the powers that were meant to be transferred.
an article by Andreea Cristina Secu — founding lawyer, Secu Legal
The Code on Spatial Planning, Urbanism and Constructions (Law no. 169/2026, published in the Official Gazette no. 661 of 10 August 2026, in force since 25 August 2026) was repeatedly announced to the public as the law implementing the result of the Bucharest local referendum of 24 November 2024.
In the referendum of 24 November 2024, validated by the Central Electoral Bureau (Decision no. 8H/2024), the residents of Bucharest answered the question: “Do you agree that the General Mayor of Bucharest should issue building permits across the entire administrative territory of the city?”. The answer was YES, with 477,378 votes (approximately 66% of the validly cast votes), at a turnout of 40.96%.
The Code devotes a distinct article to this matter — Article 584, whose very title expressly invokes the referendum:
Article 584 CATUC — title and paragraphs (1)-(3):
“Provisions on the transfer of certain powers and duties between the local public administration authorities of the Municipality of Bucharest, in implementation of the results of the 2024 local referendum
(1) Starting on 1 November 2028, within the specialised apparatus of the General Mayor of Bucharest, the general directorate responsible for spatial planning and urbanism shall be reorganised and shall operate, headed by the Chief Architect of the Municipality of Bucharest, assisted by 7 deputy chief architects whose duties shall be established by order of the General Mayor.
(2) From the date set out in paragraph (1), the powers and duties provided for in Articles 132 and 134, exercised by the sector mayors and by the specialised departments within their specialised apparatus, shall be transferred to the General Mayor of Bucharest and to the specialised department within his specialised apparatus, provided for in paragraph (1).
(3) For the purposes of implementing the provisions of this article, the necessary normative and administrative acts of a normative nature shall be adopted by 1 July 2027, including the Government decision initiated by the Ministry of Development, Public Works and Administration […].”
And yet Article 132 of the Code does not govern any power of the sector mayors: it concerns “the specialised department within the specialised apparatus of the General Mayor of Bucharest responsible for spatial planning and urbanism”, headed by the city’s Chief Architect. In other words, Article 584(2) transfers to the General Mayor duties that his own specialised department already holds.
Article 134 governs the “public expertise centres for spatial planning and urbanism” (the ATU expertise centres), defined in paragraph (2) of that article as “non-governmental, non-profit organisations of public utility, with legal personality”, set up by local public administration authorities in partnership with other central or local public authorities or institutions. Plainly, this article does not concern the duties of the sector city halls either.
The powers that the referendum targeted — and that the drafters of the Code undoubtedly intended to transfer — are found in the two preceding articles:
Article 131, which lists the duties of the sector mayor, including, at letter e), that he “issues building and demolition permits at sector level, in accordance with the powers established by this Code”, and, at letter h), approves the detailed urban planning project and “issues urban planning certificates at sector level and building/demolition permits for works carried out within the administrative territory of the sectors, except for those falling within the competence of the General Mayor”; and
Article 133, which in turn governs the specialised department within the sector mayor’s apparatus, which, under paragraph (3) letter d), “prepares and drafts urban planning certificates and building/demolition permits and siting clearances”.
Consequently, the correct cross-reference in Article 584(2) should have been to Articles 131 and 133 — the duties of the sector mayor and of his specialised department — and not to Articles 132 and 134.
The error did not occur upon publication in the Official Gazette: it is part of the very text adopted by Parliament. Both the form sent for promulgation and the form published in the Official Gazette no. 661 of 10 August 2026 contain the same reference to “Articles 132 and 134”.
The transfer of powers is due to take effect on 1 November 2028, and the normative acts implementing the transfer must be adopted by 1 July 2027.
Until then, there is still time to correct this cross-reference error — a correction that must be made through legislation…
Andreea Cristina Secu is the founding lawyer of Secu Legal, a law firm specialised in real estate law. For questions regarding the application of the new Urbanism Code: contact@seculegal.ro.
