Last updated: 26 November 2015
In order to mitigate the effects of a disaster caused by an earthquake, President Klaus Iohannis promulgated Law no. 282/2015, amending and supplementing Government Ordinance no. 20/1994 regarding the measures for the reduction of seismic risks for existing buildings, published in the Official Journal no. 863 of 19.11.2015.
According to this law, persons carrying out commercial, touristic and entertainment activities in buildings with high seismic risk will be sanctioned by a fine up to 70,000 Lei (the equivalent of approximately 15,730 Euros). Furthermore, from now on, authorities can withhold the issuance of operating permits for businesses carried out in such buildings.
TO WHICH CONSTRUCTIONS DOES THE NEW LAW APPLY ?
Law no. 282/2015 prohibits permanent and/or temporary activities in buildings with high seismic risk, other than residential buildings, activities involving crowds, such as:
- Show venues, exhibition, reading halls;
- Commercial spaces;
- Touristic accommodations, catering and service structures.
- Social, medical assistance and public administration spaces and other similar spaces.
A priori, office spaces that are not “commercial” are not covered by Law no. 282/2015.
This interdiction applies to the said buildings until completion of reinforcement works.
OWNERS' AND MANAGERS' OBLIGATIONS
As provided by Law no. 282/2015, building owners and managers, as well as owners’ associations will have to supervise the buildings they own/manage and take the necessary measures in order to reinforce them and increase their resistance to earthquakes.
In this respect, owners and managers will perform a technical assessment of the buildings they own/manage, so as to determine their seismic risk class and to establish the measures necessary for the reduction of such risk.
The conclusions of the technical assessment report and of the inclusion of the building in a seismic risk class will have to be sent to the competent public administration authority and to the National Agency for Cadaster and Real Estate Publicity, within 30 days from the date of the technical assessment report.
SANCTIONS APPLICABLE FOR BREACH OF THE NEW RULES
If they do not comply with the new rules provided by Law no. 282/2015, owners or managers of buildings with high seismic risk, whether legal or natural persons, as well as owners’ associations risk a fine between 50,000 Lei (the equivalent of approximately 11,236 Euros) and 70,000 Lei (the equivalent of approximately 15,730 Euros). Furthermore, the competent local authorities will be able to refuse the issuance of an operating permit for businesses carried out in such buildings.