On December 19th, 2022, a new amendment to Law no. 50/1991 regarding authorizations for construction works (“Law no. 50/1991”) was approved by the Parliament, and published in the Official Gazette today, January 10, 2023, as Law no. 21/2023. The amendment introduces an eagerly awaited amendment regarding the permitting procedure for the development of renewable projects.
According to the new provisions of Law no. 50/1991, building permits can now be issued without a zoning documentation (i.e., a zoning urban plan – PUZ) being required, for the construction of renewable energy projects (solar and wind energy, biomass, bioliquid and biogas, storage facilities, transformation stations and other similar systems), as long as such projects will be built on extra muros land with a surface of maximum 50 ha having the fertility class III, IV, V, which is removed from the agricultural circuit1.
For the avoidance of doubt, it must be mentioned that for renewable projects developed on intra muros land, the requirement to have a zoning urban plan is still applicable.
1 Agricultural lands are divided into five classes, depending on their fertility features, according to Law no. 18/1991 on land registration.