Legal nature of the urbanism certificate; a document intended for information or for administrative purposes
Legal nature of the urbanism certificate; a document intended for information or for administrative purposes

Summary/Abstract: Regarding the legal nature of the urbanism certificate, two orientations have been noted in the practice of the Romanian courts: in a first case-law orientation, it was considered that the urbanism certificate by which the prohibition to build was instructed or which contains other limitations, although issued by a public authority, with a public power role, for the concrete implementation of legal provisions, is not an administrative document; its annulment would be only admissible along with the annulment of the building permit or, in the case of denial to issue such a permit, in no way separate from the administrative document in respect of which it was issued, as a preliminary document for information purposes. The second case-law orientation found that it is possible to exercise separate legality check over the urbanism certificate if the building ban has been instructed or contains other limitations. By Decision (RIL [referral in the interest of law] Panel of Judges) no. 25/2017 pronounced by the High Court of Cassation and Justice in the settlement and admission of an appeal in the interest of law, it was ruled in the sense that, in the interpretation of the provisions of Article 6(1) and Article 7(1) of Law no. 50/1991, reported to Article 2(1)(c) and Article 8 of Law no. 554/2004 concerning administrative disputes, it is possible to exercise the legality check separately over the urbanism certificate by which the interdiction to build was instructed or which contains other limitations.

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