13. Anulare autorizaţie de construire emisă pentru supraetajare clădire nefinalizată. Caracterul dispozitiv al normei de la art. 12 alin. (1) din Legea nr. 50/1991
13. Annulment of a building permit issued for adding an upper storey to an unfinished building. Dispositive nature of the rule in Article 12(1) of Law No. 50/1991

Summary/Abstract: 1. The possibility of directly authorising works to add an upper storey without approved spatial planning and urban planning documentation, both under Article 2(4)(a1) and under Article 111 letter d) of Law No. 50/1991, is permitted only for existing buildings, that is, constructions for which acceptance of the works at completion has been approved and which have been entered in the land register. 2. In view of the dispositive rules laid down in Article 12(1) of Law No. 50/1991 on the authorisation of the execution of construction works, the court may decide, even where irregularities are confirmed, that, given their minor nature, the administrative act under review should be safeguarded. Accordingly, it is for the court to determine, on the basis of a concrete analysis of the grounds for nullity relied on in respect of it, whether the drastic sanction of annulling the building permit is warranted. A fortiori, the absence of an approval that was obtained in the course of the proceedings cannot be retained as a ground of illegality of the building permit, since the ground for nullity was remedied before the court delivered its judgment.

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