In brief
Since 25 August 2026 the building rules in Romania have been consolidated in the Code of Spatial Planning, Urbanism and Construction (Law 169/2026), which repealed Law 50/1991. The Code divides works into three routes: a building permit, prior notice to the municipality, or no procedure at all. Interior renovation, solar panels and a demountable pergola fall within the lighter routes; a pool, an extension of the house or a new fence where there was no fence usually go through the municipality.
Key takeaways
- 1Law 169/2026 replaced Law 50/1991; the list of works without a permit is now in Article 299, and the notice route in Articles 294-296.
- 2On the notice route: tacit approval after 15 working days, and start of works 15 calendar days thereafter.
- 3A pool is an ancillary structure; only in a rural locality outside a metropolitan area, within 50 sq m of ancillary structures, can it go through the notice route.
- 4The Civil Code requires at least 60 cm from the boundary line for structures and planting, and 2 metres for trees and for windows overlooking the neighbour.
- 5Works without the required notice: a fine of 5,000-50,000 lei; without a required permit: 50,000-1,000,000 lei.
After handover comes the stage at which the villa becomes a home: a pergola in the garden, panels on the roof, a pool, perhaps an additional room. In Romania, the question whether each of these needs a permit received new answers in 2026. This guide goes through the common additions under the new Code, and adds what the Code does not say: the neighbourhood rules and the neighbour rules of the Civil Code. The rules are correct as of October 2026.
What changed in the building rules in Romania in 2026?
Since 25 August 2026, the rules have been consolidated in a single law: the Code of Spatial Planning, Urbanism and Construction, Law 169/2026, published in the Romanian Official Gazette (Monitorul Oficial) No. 661 on 10 August 2026. The Code repealed Law 50/1991 (Article 576(3)). The implication: the list of “works without a permit” in Article 11 of the old law is no longer in force, and anyone relying on it is working under rules that have been repealed.
On the notice route: tacit approval after 15 working days, and start of works 15 calendar days thereafter.
What routes does the new Code establish?
Three, under Article 245(2):
| Route | What is required | Articles of Law 169/2026 |
|---|---|---|
| Building permit (autorizație de construire) | Planning certificate, approvals, plans and a permit | 246, 249 |
| Notice (notificare) | A form, an abbreviated technical design signed by an architect or engineer, and fees. Tacit approval after 15 working days, and start of works 15 calendar days thereafter | 294-296 |
| No procedure at all | No permit and no notice | 299 |
Even where there is no procedure, there are obligations. Technical standards and planning rules apply in full, responsibility is shared between the owner, the designer and the contractor, and on completion of the works their acceptance must be documented (Article 299(3)-(5)).
Everything described here applies outside protected built-up areas and outside the protection zones of listed buildings. Within them stricter rules apply (Articles 284 and 294(3)).
Which works can be done without a permit and without notice?
| Works | Condition | Provision of Law 169/2026 |
|---|---|---|
| Interior works: plaster, paint, cladding, flooring, interior doors | 299(2)(a), points 3 and 7 | |
| Replacing exterior windows and doors | The shape and size of the openings are retained; the material may be changed | 299(2)(a), point 4 |
| Interior installations, heating, hot water and air conditioners | Repair, replacement or installation | 299(2)(a), points 9 and 10 |
| Exterior painting | The same colours and the same elements on the façade; a new colour is not on the list | 299(2)(a), point 5 |
| Demountable pergola or exterior deck, retaining wall, ground-floor entrance steps | Within the plot | 299(2)(b), point 4 |
| Light ancillary structures in a rural locality: shed, pergola, summer kitchen, storeroom | Together up to 20 sq m, height up to 2.5 metres, without foundations, demountable, timber or metal frame; they must be declared for local tax purposes | 299(2)(c), 299(12) |
Solar panels are a special case. Under Article 299(2)(a) point 13, owners who are “prosumers” (prosumator) under Electricity Law 123/2012 may install photovoltaic panels on the house, on an ancillary structure or on the ground, as well as a solar water heater for own use, without a permit. Two conditions: prior notice to the municipality, and a supporting structure that withstands the weight of the panels, wind and snow.
When is prior notice to the municipality sufficient?
Several changes to the house itself go through the notice route under Article 294(2)(b), whereas a genuine extension of the house or any intervention in the structure requires a permit:
| Change | Limitation | Article 294(2)(b) |
|---|---|---|
| Moving an interior wall | Only a non-load-bearing wall | (v) |
| Converting an attic into living space | Without changing the volume of the house and without strengthening works | (iii) |
| Adding a bathroom or technical room | Up to 25 sq m | (x) |
| Change to the façade | Non-load-bearing elements only | (vi) |
| Replacing or raising the roof | Raising by up to 0.5 metres, within the permitted height | (ii) |
| Energy efficiency renovation | A house of up to 3 storeys | (vii) |
In rural localities only, and not in rural localities within a metropolitan area, ancillary structures of up to 50 sq m in total, even with foundations, also go through the notice route (Article 294(2)(a)(i)). Many villa neighbourhoods around Bucharest are located in rural communes (comună), so the question whether your commune is part of a metropolitan area matters. Ask the municipality (primăria) in writing, by way of a planning certificate.
Does a pool in the garden need a permit?
In most cases, yes. The pool does not appear among the exempt works, and the Code classifies it as a household ancillary structure (anexe gospodărești), similar to a garage or a storeroom. The exception: in a rural locality that is not part of a metropolitan area, where the total of ancillary structures does not exceed 50 sq m, notice is sufficient, and Article 294(2)(a)(i) mentions pools by name. In any other situation, prepare for a building permit.
The good news is that it is a relatively easy permit. An ancillary structure is exempt from Ministry of Health approval (Article 267(2)(b)) and, if not used for raising animals, also from environmental approval (Article 268(2)(b)). The Code is silent on a seasonal above-ground pool, so before excavating or pouring concrete, approach the municipality.
What may be done with a fence?
| Fence works | Route | Article |
|---|---|---|
| Repair in the same form and with the same materials | No procedure at all | 299(2)(a) point 1 |
| A new fence in place of an existing fence, in accordance with the planning rules | Notice | 294(2)(b)(i) |
| A fence where there was no fence | Not on any list; assume a permit is required and check with the municipality | 246 |
The height and type of the fence on the street frontage are often set by local rules, and they can be seen in the planning certificate.
How do you know how much more may be built on the plot?
Every addition must fit within the plot's figures. POT is the percentage of the plot area covered by buildings, and CUT is the ratio between the total built area on all floors and the plot area. When the house was built close to the permitted limit, little room remains for additions.
These figures are set out in the planning certificate (certificat de urbanism): the land use designation, POT, CUT, the buildable area, heights and building lines (Article 253(4)). Anyone may request a certificate for information purposes (Article 254). It does not give a right to build, but it shows what is possible before hiring an architect. Under Annex 1 to the Code, the area of a pergola is not counted in POT and CUT unless the local regulations provide otherwise, and an uncovered outdoor pool is not counted in the area calculated for CUT.
What do the neighbourhood regulations and the neighbour rules provide?
Neighbourhood rules. In a gated compound, restrictions stricter than those in the Code may apply. Law 196/2018, which deals with owners' associations, recognises a “residential complex” (ansamblu rezidențial) in which the houses have private parts and common property (Article 2). Before planning, go through the regulations and the purchase contract and check whether they contain provisions on fences, colours, pools or rooftop installations.
The neighbour rules in the Civil Code (Law 287/2009) apply regardless of the route you have chosen:
| Rule | What is required | Article |
|---|---|---|
| Structures, works and planting | At least 60 cm from the boundary line, unless the law or the regulations provide otherwise; a smaller distance requires the neighbour's consent in a notarial document | 612 |
| Trees | At least 2 metres from the boundary, except trees lower than 2 metres and hedges | 613 |
| A window or balcony overlooking the neighbour | At least 2 metres, or 1 metre where they are not parallel to the boundary | 615 |
| Rainwater from the roof | Must not flow onto the neighbour's plot | 611 |
| A wall or fence between plots | Presumed to be common property of the neighbours | 660 |
In a semi-detached house, the last article is the one that changes the most: any works resting on the party wall (zid comun) also affect the neighbour's rights.
What happens if you build without the right approval?
Under Article 357(4), works without the required notice result in a fine of 5,000 to 50,000 lei, and works without a required permit a fine of 50,000 to 1,000,000 lei. Some works can be regularised retroactively (Article 301), and in the first year of the Code additional types as well, at fees ten times higher. Until regularisation, the building tax increases by 100% (Article 301(11)). And there is also a future price: on a sale, the buyer and the buyer's lawyer will ask about every addition.
What should be done before starting to build?
- Check whether the plot is in a protected built-up area or close to a listed building.
- Check whether the locality is a rural commune or a town, and whether it is within a metropolitan area.
- Ask the municipality for a planning certificate for information purposes, setting out in writing the building percentages, the heights and the fence rules.
- Go through the compound regulations and the purchase contract.
- Measure distances: 60 cm from the boundary, 2 metres for trees and for windows overlooking the neighbour.
- Choose a route: no procedure, notice or permit. Where the Code is unclear, ask the municipality in writing.
- Keep all the documents: notice confirmations, plans and the acceptance report, with a view to a future sale.
When we accompany villa owners in Romania with additions, we go through this sequence with them and the questions worth referring to the municipality, before they engage an architect or contractor. The filings with the municipality and the plans are prepared by an architect or engineer licensed in Romania, and the legal review by a lawyer licensed to practise in Romania.
The content of this article is general information only and does not constitute legal or engineering advice. The rules are correct as of October 2026, and local regulations and neighbourhood rules vary from place to place. Before building, ask the municipality for a planning certificate and consult an independent lawyer.
Frequently asked questions
Is a building permit needed for solar panels at a villa in Romania?
No. Under Article 299(2)(a) point 13 of Law 169/2026, prosumers may install panels on the roof, on an ancillary structure or on the ground without a permit. The municipality must be notified in advance, and the structure must withstand the weight, wind and snow.
Can a pool be built without a permit in Romania?
Usually not. A pool is considered an ancillary structure, and only in a rural locality outside a metropolitan area, within 50 sq m of ancillary structures in total, can it go through the notice route. In any other case, plan for a permit.
Does a pergola need a permit in Romania?
A demountable pergola within the plot, outside protected areas, needs no procedure at all (Article 299(2)(b) point 4). Its area is not counted in POT and CUT, unless the local regulations provide otherwise.
Can the fence be replaced without a permit?
A repair in the same form and with the same materials needs no procedure. A new fence in place of the old one requires prior notice (Article 294(2)(b)(i)). A fence where there was no fence does not appear on any list, so it is worth asking the municipality.
Is Article 11 of Law 50/1991 still in force?
No. Law 50/1991 was repealed when Law 169/2026 entered into force on 25 August 2026. The works without a permit now appear in Article 299, and the notice route in Article 294.
Read next · 7 min readA Will for an Israeli With Property in Romania: Choice of Law, Form of the Will and Coordination With the Will in IsraelHow to write a will that works for property in Romania: Regulation 650/2012 and choice of law, notarial or handwritten wills, reserved shares, the Israeli will.Read the guideSources
The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.