On 12.10.2020 the Council of Ministers submitted a draft for the amendment of the Spatial Development Act. The amendments cover many provisions. At the same time, the Constitutional Court issued Decision № 14/2020, declaring two texts of the current Spatial Development Act as unconstitutional.
On 22nd October, 2020, the National Assembly adopted at first vote the two Bills for amendment and supplement (“BAS”) of the Spatial Development Act (“SDA”), both proposed by the Council of Ministers. The two bills were consolidated in one bill and are to be voted at second reading.
The first BAS of the SPA provides for liability for supervision by the Directorate for National Construction Supervision (“DNCS”) towards the activities of persons exercising construction supervision, as well as regarding the activities of consultants in investment projects.
The second BAS of the SPA envisages the creation of a Unified Public Register on Spatial Planning on the website of the Ministry of Regional Development and Public Works (“MRDPW”).
According to the bill the permits for placement of movable objects, advertising, information and monumental-decorative elements and the orders for their removal, the permits for elaboration of development plans and their amendments, the acts for their approval, as well as the building permits will be published in the Register.
The Register will also contain the certificates of the consultants performing conformity assessment of the investment projects and / or exercising construction supervision, the technical passports of the constructions, the acts for commissioning of the constructions and the orders for removal of the illegal constructions.
It will bring together the registers maintained by the Ministry, the DNCS, district governors, municipal and district administrations.
In addition to the envisaged changes, the Spatial Development Act has become subject to control by the Constitutional Court. In Decision № 14 of 2020, two provisions were declared unconstitutional.
With greater practical applicability is the declaration as unconstitutional of the prohibition for appeal (art. 215, para. 6 of the Spatial Development Act) of general development plans. In this way, citizens and their organizations will be given the opportunity to protect their rights through the administrative procedure.
The National Assembly should adopt provisions to regulate these public relations.
