The application of a fine for a construction carried out without authorization may not be effected later than three years from the date on which the construction was actually completed.
The execution of some construction works in the absence of the authorization issued according to the law, constitues a contravention and is sanctioned with a fine between 1,000 to 100,000 lei, while the non-observance of the construction authorization provisions is sanctioned with a fine between 5,000 to 20,000 lei. The finding of the contraventions is made by the local Police through the „construction discipline” service.
The right to apply the fine for the unauthorized execution of construction works may be exercised in term of a maximum of three years from the date of the act. According to a decision recently issued by the High Court of Cassation and Justice, in an Appeal in the Interest of the Law (R.I.L.), the three-year period begins to run, at the latest from the date on which the construction was actually completed, i.e. all the structural elements necessary for the utility for which it was built, have been completed.
This clarified thus a divergent practice of the courts, some of them considering that the three-year limitation period starts to run from the date on which the control bodies found the contravention, regardless of the date of completion of the construction works.
According to the law, in addition to the sanction of the fine, the constructions built without a building permit, in violation of its provisions, or which did not conclude the acceptance report at the end of the works, are not considered completed, not being possible to register them in the land book.
In addition, starting with 2019, the owner who has executed such a construction work cannot request the court to recognize in the court, his right of ownership over illegally built construction.
