In brief: the property right over a building erected in spite of the lack of a building permit can no longer be judiciary recognized.
On 3 June 2019 the High Court of Cassation and Justice ruled with respect to a long controversy regarding the consequences of a building lacking a duly issued building permit.
In short, Romanian courts were interpreting in two different ways such consequences:
- one interpretation stated that a court of law can recognize the ownership right of a person over a building, in spite of the lack of a validly issued building permit. Such interpretation was based on the provisions of the Civil Code regulating artificial accretion.
- the other interpretation was that it is impossible for a court of law to recognize the ownership right of a person over a building in the lack of a validly issued building permit.
The High Court finally embraced the second opinion and ruled that the lack of the building permit is itself an obstacle to recognizing the ownership right of a person over a building. The interpretation of the High Court is mandatory starting at the publishing date (i.e. 3 June 2019).