A number of regulations have been promulgated at European and national levels to encourage the production of energy from renewable sources and, in particular, the development of special means of production, such as photovoltaic or wind power plants. These regulations were developed to achieve the objectives of European policy in the energy sector, in accordance with international treaties and global efforts to achieve the transition to a low-carbon economy.

In Romania, an important step to encourage the production of energy from renewable sources was the simplification of the process of obtaining a permit for the construction of projects for the production of energy from renewable sources on non-residential agricultural land.

Thus, by Law No. 254/2022 on Amendments to the Law on the Land Fund No. 18/1991, the legislator allowed the implementation of energy production projects from renewable sources on non-rural agricultural land with an area of ​​up to 50 hectares, if the land belongs to fertility class III, IV or V. The amendment is likely to cause a number of practical disputes regarding the need to obtain or not to obtain a zonal urban planning plan (ZPP) for the construction of such facilities.

To support the clarification of the above-mentioned changes, in January 2023, Law No. 50/1991 was adopted regarding the permit for construction works, as amended by Law No. 21/2023, which establishes that for specific investment purposes for the production of electricity from renewable sources, located on agricultural land with an area of ​​up to 50 hectares, located on the outskirts, located in the fertility class III – V, provided that the issuance of a building permit no further it depends on the development and prior approval of land planning/town planning documentation.

Thus, for projects intended for the production of energy from renewable sources, located on non-rural agricultural land up to 50 hectares, it is no longer necessary to obtain the documentation of the PUZ.

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The article was signed by Georgiana Belan, Senior Coordinating Associate, D&B David si Baias and Diana-Beatrice Bortas, Associate Associate

Article supported by PwC Romania