ELKB Legislative changes concerning hand-over of national interest infrastructure, October 2018

On September 18, 2018 the Government Emergency Ordinance no. 84 of September 13, 2018 for the amendment of certain enactments in the constructions area (the “GEO”) has been published in the Official Gazette of Romania no. 795.

The GEO is aimed at enabling the hand-over and commissioning of the lots, sections, sectors or articles of national interest infrastructure works included in the building permit, in case such can be used separately, in accordance with their destination. A regulation concerning hand-over of road and railway infrastructure works of national interest is to be drafted by the Ministry of Transport, to be subsequently endorsed by the Ministry of Regional Development and Public Administration and eventually approved by government decision.

As also highlighted by the preamble of the GEO, such enactment is welcomed and an important step forward in removing the blockages and delays interfering in practice in the development and exploitation of infrastructure projects. Before the GEO,the finalized lots, sections, sectors or articles of construction works for the modernization or rehabilitation of the road and railway infrastructure could not be taken over and exploited until all the construction works provided under the relevant building permit had been realized.