Romania: News regarding the autorization of construction for renewable energy production capacities

In 2023, a significant and favorable legislative amendment concerning renewable projects was enacted. On 13rd January 2023, Law no 21/2023, which amends and supplements Law no 50/1991 regarding the authorization of construction works (“Construction Law“), entered into force. Law no 21/2023 introduces a new provision related to investement objectives specific to the production of electric energy from renewable sources.

In this regard, according to the Construction Law (as amended by Law no 21/2023), construction authorizations are issued without prior preparation, endorsement and approval of a spatial planning document and/or urban planning document for specific investment objectives for the production of electricity from renewable sources on agricultural land outside the rural areas, provided for in Article 92 par. (2) letter j) of the Land Fund Law no 18/1991.

Thus, according to the new legislative amendments, construction authorizations are issued without the prior elaboration, approval, and authorization of a territorial planning documentation and/or an urban planning documentation for investment objectives specific to the production of electric energy from renewable sources (production capacities of solar energy, wind energy, biomass energy, bio-liquids and biogas, electricity storage units, transformation stations or other similar systems) on agricultural land of quality class III, IV, and V, with the agricultural, pasture, vineyard and orchard land use category, as well as those improved with land reclamation works, located outside the built-up areas, with an area of maximum 50 hectares, requiring the obtaining of a construction authorization and the approval of their definitive or temporary removal from the agricultural circuit.

It should be noted that prior to the adoprtation of Law no 21/2023 amending the Construction Law, the legal provisions (specifically, the provisions of Article 92 par. (2) letter j) of Law no 18/1991) provided that renewable energy projects could be developed on lands that meet the above-presented characteristics, based on the construction authorization and the approval for their definitive or temporary removal from agricultural land use, but there was no legal provision that expressly stated the lack of necessity to prepare urban planning documentation for the development of such projects.

Although the explanation of reasons for Law no 254/2022 states that its purpose is to facilitate the administrative and regulatory process in the field of renewable energy production, referring to EU Directive 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, including the goal of simplifying authorization processes, thereby revealing the legislative rationale to simplify administrative procedures for such investment objectives, the non-modification, in the same sense, of other relevant laws, meant that in practice, the procedure was not simplified by the legislative amendments made to Law no 18/1991.

Regarding the legislative amendments made this year to the Construction Law, they expressly provide for the lack of the need to elaborate/endorse/approve a territorial development plan and/or an urban planning documentation for the aforementioned renewable projects. These amendments are likely to encourage investors in developing such objectives.

We also mention that the he Law no 159/2022 (which entered into force on 30th May 2022) amending the Construction Law, which introduced the exception according to which even in the case of research and prospecting works on land – drilling and excavation – necessary for the production of electricity and hydrogen from renewable sources, construction authorizations may be issued without approved land-use and urban planning documents, is also aimed at encouraging the development of renewable projects.

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