CEE Legal Matters
In-depth coverage of the news and newsmakers that shape Europe's emerging markets
The Urban Planning, Urbanism, and Construction Code (“Urban Planning Code”) is a complex law project that aims to consolidate, reform, and standardize legislation in the construction sector. The Urban Planning Code draft bill is currently under parliamentary debate. Among the proposed reforms are the digitalization and simplification of the building permitting process.
Albota Law Firm Partner Oana Albota talks about the evolution of the real estate sector and her role as legal advisors in Romania over the last 10 years.
On 7 June 2023, Bucharest Tribunal annulled, in the first instance, the zonal urban plan („ZUP”) of the 2nd District and suspended its effects until the final resolution of the case file, noting that it reduced green spaces, allowing the construction on tens of hectares of such areas, including areas occupied by parks, lakes, sports fields, etc. The case file is currently in appeal before Bucharest Court of Appeal[1].
In The Debrief, our Practice Leaders across CEE share updates on recent and upcoming legislation, consider the impact of recent court decisions, showcase landmark projects, and keep our readers apprised of the latest developments impacting their respective practice areas.
The draft Code of Territorial Planning, Urbanism, and Construction (the Urbanism Code) has recently been approved by the General Secretariat of the Government, on March 29, 2023. Of course, the government’s approval is just one of the steps in implementing the new rules, as the Urbanism Code must also be approved by parliament, promulgated by the president, and then published in the Official Gazette.
On November 11, 2022, the Romanian Senate (as decisional chamber) passed a draft law that includes certain amendments with respect to the terms applicable to administrative and court challenges brought against construction and urbanism documentation.
In August 2019, the Ministry of Regional Development and Public Administration (MRDPA) has organized the first consultation meeting on dysfunctionalities at the level of the normative and institutional framework in the fields of territorial planning, urbanism and construction and related fields, with the aim that the entire legislation in this matter be reorganized under the rule of a single normative act complying with the current needs of digitalization, simplification and professional responsibility.
By Government Ordinance no. 16/2022 for amending and supplementing Law no. 227/2015 regarding the Fiscal Code, the abrogation of some normative acts and other financial-fiscal measures, published in the Official Gazette no. 716 of July 15, 2022 (Ordinance 16/2022), a series of amendments and additions to the fiscal regime have been made that concern, among others, the regime of micro-enterprises, excise duties, hospitality sector, part-time labour agreements, VAT etc.
The firm: Albota Law Firm is a boutique law firm set up in May 2014. The firm was founded by Oana Albota. Before this, Oana co-ordinated, as a partner, the real estate practice of PeliFilip, which she joined from NNDKP.
The main area of practice of the law firm is real estate and construction. It has the capabilities to assist clients in all the areas connected to a real estate project: financing, real estate permitting and regulatory, corporate commercial, litigation and arbitration.
Clients choose the firm because they appreciate the clarity of its advice, its focus on results, and the efficiency of its service and its fast reaction time, all at a very fair price.
The small size of the firm is a huge advantage as it eliminates formalism, it ensures the thorough involvement of a specialised partner in every project at the law firm, the close co-ordination of the team of lawyers and it guarantees a proper cost control.
The quality of the legal services derives from the firm’s market knowledge and excellent legal know-how.
During the last 15 years the firm’s lawyers have been involved in transactions standing as landmarks for the real estate market in Romania and in significant international construction arbitrations.
Areas of practice: The firm specialises in construction and real estate.
It is experienced in all construction sectors and in the engineering industry. It is particularly specialised in FIDIC contracts and FIDIC adjudication.
Its expertise in the real estate area includes the structuring of transactions from acquisition of real estate properties in Romania up to the exit point, planning, development, leasing and financing of real estate projects, land use, private-public partnership in real estate projects, agricultural, forestry, energy and infrastructure projects, and regulatory matters.
It offers banking and finance services, advising borrowers, funds and investors from the point of term sheet and structuring stage, through closing, trenching and securitisation, administration and restructuring.
With a solid understanding of the Romanian law and an impressive experience in corporate and commercial, it assists clients, from the very first steps of the incorporation of a company until the exit, with the company’s day-to-day business, providing all legal advice required to help them stay in full compliance with Romanian rules and regulations.
It offers clients comprehensive advice at every stage of a conflict, in all forms of dispute resolution including: litigation, arbitration, mediation, conciliation and adjudication. It provides services covering assistance in complex commercial disputes before law courts and assistance in arbitration and alternative dispute resolution.
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