The 2026–2027 regularisation permit: what architects need to know about documenting existing conditions

Since 25 August 2026, the building permit framework in Romania has changed. Law no. 169/2026 on the Code of Spatial Planning, Urbanism and Construction — CATUC — expressly introduced the regularisation permit for works carried out without a building permit or in breach of the permit issued. The Code has been in force since 25 August 2026.

For architects, designers, technical experts and urban planners, the change has a very practical consequence: the documentation must start from the building that exists on site, not from the building that should have existed according to the original design. And in many cases the two no longer match.

What is the regularisation permit?

Article 301 of CATUC states that, where works were carried out without a building permit or in breach of one, the owner of the works must apply to the competent authority for a regularisation permit.

Under the permanent regime, the procedure is limited to certain categories of buildings, including single-family homes with ground floor or ground floor plus one storey and a gross floor area of up to 150 sqm, certain annexes and balcony enclosure works, under the conditions set by law.

However, the Code also introduces a transitional period of up to one year from its entry into force, during which the regularisation permit can also be requested for other categories of buildings.

This extension does not mean automatic legalisation. Regularisation requires meeting the conditions of art. 301, including compliance with the applicable urban planning regulations, the fundamental requirements for construction quality and the obligations set by law.

In other words: the fact that a building exists does not mean it can automatically be regularised. Eligibility must be assessed case by case by the designer, the urban planner, the technical experts and the competent authority.

Where the real problem appears for the designer

When an architect takes on such a project, there are usually three different realities:

1. the registered cadastral record;
2. the authorised design, if any;
3. the actual physical situation on site.

These three sources must not be confused.

The land register extract and the cadastral plan describe the situation recorded in the cadastre and land registration system. The authorised design describes what was supposed to be built. The measurement of the building describes what actually exists on the date of documentation.

In a regularisation procedure, the differences between them become essential. A later extension, a loft conversion, changed openings, a changed roof geometry, or changes to the footprint, height, levels or volume can turn the original design into a historical reference rather than a sufficient basis for the current documentation.

What the file actually requires

The official application form for the regularisation permit, introduced by MDLPA Order no. 975/2026, requires the cadastral identification of the property and, where applicable, the land register extract or the location plan in the Stereo 70 system.

The attached documents include:

• technical expert reports for the applicable fundamental requirements;
• documents issued by the approving authorities;
• the report on compliance with urban planning regulations, where applicable;
• an updated land register extract;
• the P.A.C. documentation;
• proof of payment of fees;
• a power of attorney, where applicable.

Art. 301 separately provides that the fundamental quality requirements are checked on the basis of reports drawn up by certified technical experts for the applicable fields and specialities.

An important distinction must be made here: the law does not require 3D laser scanning as a mandatory measurement technology. The official form sets out the documents to be submitted, not the technology the designer must use to obtain the geometry of the existing building. But the technical documentation must describe correctly the situation being analysed. That is why measurement quality becomes critical.

Topographic survey, cadastre and measured building survey: not the same thing

In practice, these terms are sometimes used as if they were interchangeable. They are not.

Cadastral documentation

Identifies the property in terms of the cadastral record and the land register: cadastral number, boundaries, areas and registered buildings. It mainly answers the question: “What is registered?”

Topographic survey

Documents the position of the building and relevant features in relation to the terrain and the national reference system. For urban planning analysis, the following may become important:

• the position of the building on the plot;
• setbacks from the boundaries;
• the footprint;
• levels and elevations;
• the relationship with neighbouring properties;
• the terrain geometry;
• the elements needed to determine the urban planning indicators.

It answers the question: “Where is it in reality?” See what is included in a topographic survey for medium and large projects.

Measured building survey

Describes the geometry of the existing building: plans, dimensions, levels, sections, elevations, openings, volume, roof geometry and the visible construction elements relevant to the documentation. It answers the question: “What has actually been built?”

For a serious regularisation, the designer must be able to correlate these three levels of information. Details on deliverables, packages and indicative price ranges for 3D scanning and measured surveys.

Why old drawings are not enough

One of the riskiest assumptions is: “There are drawings of the building, so it doesn’t need measuring.”

It is precisely in a regularisation file that this logic must be checked. If the property was built with deviations from the permit, the original documentation may be the very document against which the differences must be identified.

• A design drawing does not prove the as-built geometry.
• A cadastral plan does not prove the interior layout.
• A photograph does not allow the geometry to be fully determined.

And an incomplete measurement can move the problem from the site straight into the designer’s documentation.

What needs to be measured

There is no universal list valid for every property. The content must be set according to the building and the designer’s requirements.

For an existing building, the geometric base may include, as applicable:

• the outer outline and footprint of the building;
• the geometry of each level;
• wall thicknesses;
• door and window openings;
• levels and heights;
• floors, stairs, elevations;
• the roof geometry;
• visible structural elements;
• the relationship of the building with the terrain and the property boundaries;
• the elements needed to check the urban planning indicators.

On large, irregular, historic or heavily altered buildings, point-by-point measurement with traditional methods can become slow and hard to control. This is where 3D laser scanning becomes useful — not because the law requires it, but because it allows dense recording of the visible geometry, including for heritage buildings and gives the designer the option of returning to the point cloud later for dimensions that were not anticipated during the site visit.

3D scanning does not replace the designer

A point cloud is a measurement. It is not a legal interpretation. It does not determine whether a building is eligible for regularisation. It does not determine urban planning compliance. It does not replace the technical expert report. It does not replace the architect.

Its role is simpler and, precisely for that reason, important: to provide a measured representation of the existing conditions.

From this base, depending on the designer’s brief, the following can be produced: 2D plans, sections, elevations, 3D/BIM models and point clouds — see examples from residential and commercial projects.

3D laser scanning or a traditional measured survey? When each is worth it →

What happens if the real geometry does not comply with urban planning regulations?

The regularisation permit does not automatically turn every deviation into a legal situation.

Art. 301 makes regularisation conditional on compliance with urban planning regulations and the requirements of the Code. In certain situations, the authority may require works to bring the building into compliance. If the legal requirements cannot be met, measures to demolish the non-compliant works come into question.

That is why precise measurement must be done before the regularisation solution is finalised, not after. The designer must know what is on site before deciding what can be kept, what must be changed and what documentation can support it.

The transitional window must not be confused with an amnesty

For the extended category in art. 301 para. (7), the Code sets a transitional period of up to one year from its entry into force.

For the same situation, the law sets fees and charges ten times higher than those that would have been due had the works been carried out legally.

The Code also provides that, for buildings erected without a permit and not yet regularised, the building tax is increased by 100% from the date the situation is established by the competent authority until the regularisation permit is obtained or the works are demolished. Paying the increased tax does not, in itself, regularise the building.

After the transitional period expires, art. 301 regulates the measures that can be taken for buildings that have not obtained a regularisation permit, including demolition procedures.

Therefore, the phrase “one-year window” must be understood precisely: there is an additional procedural period for certain buildings, not a guarantee that they can be kept.

What should be checked when taking on a project

For the architect or designer receiving a regularisation request, the logical order is:

1. Legal and cadastral identification of the property. Land register, cadastral number, boundaries and status of registered buildings.
2. Identification of existing documentation. The original permit, the authorised design, existing drawings and any documented changes.
3. Measurement of the real situation. Topography and documentation of the existing building to the level the project needs.
4. Comparing designed – registered – built. This is where the real deviations become visible.
5. Urban planning and technical check. This belongs to the competent specialists and the authority, in accordance with CATUC.
6. Preparing the documentation. Only once the existing conditions are known well enough.

The technical principle is simple

In a new project, the designer defines the geometry to be built. In a regularisation, the geometry already exists. It must first be discovered and documented.

From a measurement perspective, this is the key point of the new procedure: we do not design the existing conditions. We measure them.

Frequently asked questions

What is the regularisation permit under Law 169/2026?

It is a procedure introduced by art. 301 of the CATUC Code (in force since 25 August 2026), under which the owner of works carried out without a building permit, or in breach of one, applies to the competent authority for the permit needed to become legal, under the conditions set by law.

Who can apply for the regularisation permit during the transitional period?

Under the permanent regime, the procedure mainly covers single-family homes up to 150 sqm gross floor area, certain annexes and balcony enclosures. During the transitional period of up to one year from the Code’s entry into force, the procedure is extended to other categories of buildings, under the conditions of art. 301. The specific classification remains the responsibility of the specialists and the authority.

Is 3D laser scanning mandatory for the file?

No. The law does not require a specific measurement technology. The official form requires the file to contain technical documentation that correctly describes the existing conditions. 3D laser scanning is useful for large, complex, historic or heavily altered buildings because it provides a dense, verifiable geometric base. The choice of method belongs to the designer.

What is the difference between cadastre, topographic survey and measured building survey?

The cadastre describes what is officially registered (cadastral number, boundaries, areas). The topographic survey describes the position of the building on the plot in the reference system (setbacks, footprint, levels). The measured building survey describes the geometry of the existing building (plans, sections, elevations, volume). In regularisation, all three levels of information may be needed, but they are not interchangeable.

If I have the original drawings of the house, do I still need new measurements?

In a regularisation procedure, the existing conditions must be checked by current measurements when deviations from the authorised documentation exist or are suspected. The original drawings can remain a context reference, but they do not replace a current measurement of the real situation.

Does the 100% tax increase mean that paying it regularises the building?

No. The Code provides for a 100% increase in building tax for buildings erected without a permit and not regularised, from the date the situation is established by the competent authority. Paying this tax does not, by itself, regularise the building. Regularisation is obtained only by completing the procedure in art. 301 and meeting the conditions required by law.

Do you have a property whose existing conditions need documenting?

Eligibility for regularisation, the design solution and the final content of the permit documentation remain the responsibility of the competent specialists and authorities.

Legal sources

• Law no. 169/2026 on the Code of Spatial Planning, Urbanism and Construction (CATUC), published in Official Gazette (Monitorul Oficial) no. 661 of 10 August 2026.
• MDLPA Order no. 975/2026, published in Official Gazette (Monitorul Oficial) no. 711 of 26 August 2026 — approving the application form for the regularisation permit.

Article published on 24 September 2026, updated on 28 October 2026. The legal information is presented for technical and informational purposes and does not constitute legal advice. For a specific case, check the legislation in force and the requirements of the competent authority.