Romanian Renewable Energy Land Rules: Zoning, Permits & 50-Hectare Limit

Practical legal guidance on Romanian renewables: land regime, permitting and bankability.

Romania has significantly simplified the legal framework for developing renewable energy projects (RES) - solar PV, wind, battery storage (BESS) and related grid infrastructure. However, land regime rules remain a decisive factor for bankability and permitting.

This article explains, in practical terms, where and how RES projects can be built, what land restrictions still apply, and how developers should structure projects to remain compliant.

1. The Fundamental Rule: RES Can Be Built Both Intravilan and Extravilan

Romanian law now explicitly allows the construction of renewable energy capacities regardless of whether the land is intravilan or extravilan.

Legal basis

Law no. 50/1991 on construction authorization, art. 11¹ para. (1) letter i):

"Building permits may be issued without prior urban planning documentation (PUZ/PUG) for: works for the construction of capacities for the production and storage of electricity and hydrogen from renewable sources, located in intravilan or extravilan, including transformer stations, connection installations and cables."

Practical consequence

• No PUZ is required solely because the land is extravilan.
• No "intravilanization" is required for RES projects.
• Local authorities cannot refuse a project simply because the land is outside the built-up area.

This rule applies equally to: photovoltaic parks; wind farms; BESS; transformer stations and grid connection works.

2. Agricultural Extravilan Land: the 50-Hectare Legal Limit

While zoning barriers have been removed, agricultural land law introduces a distinct limitation.

Legal basis

Law no. 18/1991 (Land Fund Law), art. 92 para. (2) letter j), introduced by Law no. 254/2022 and later correlated:

"Agricultural land located in extravilan may be used for: capacities for producing electricity from renewable sources (solar, wind, biomass, biogas), electricity storage units, transformer stations and similar systems, up to a maximum surface of 50 hectares."

Key clarifications

• The 50 ha cap applies only to agricultural extravilan land.
• It is not a power (MW) limit, but a surface limit.
• The rule covers both: production (PV, wind, etc.), storage (BESS) and related infrastructure.

≤ 50 ha: project may proceed under the special land regime. | > 50 ha: the project enters a high legal risk zone and requires careful restructuring (multiple parcels, distinct projects, or alternative land categories). This limit is one of the most important bankability filters applied by lenders and investors.

3. Scoaterea din circuitul agricol (Removal from Agricultural Use)

Even when the project is allowed, agricultural land must be formally removed from agricultural use.

Legal basis

Law no. 18/1991, art. 92 and Law no. 50/1991, art. 11¹

Key rules

• Removal may be permanent or temporary.
• If only part of the land is affected, precise cadastral documentation is mandatory.
• For intravilan land, removal is performed through the building permit itself.

Developers must: clearly delimit construction surfaces (panels, roads, substations); distinguish permanent vs. temporary occupation; align cadastral plans with the technical project and financing model. Errors at this stage are a frequent cause of permitting delays and litigation.

4. "No PUZ" Does Not Mean "No Permits"

A common misconception is that the absence of a PUZ means a simplified process overall. This is incorrect.

Still required

• Urbanism Certificate (CU);
• all sectoral approvals (avize) listed in the CU;
• environmental procedure (screening, EIA, Appropriate Assessment, as applicable);
• Building Permit (Autorizație de construire).

Legal basis: Law no. 50/1991, art. 6-7; Environmental legislation (EIA Directive transposed in national law). In practice, the CU remains the central coordination instrument, even when urban planning documentation is waived.

5. Environmental and Special Area Constraints

RES projects remain subject to environmental and territorial protection regimes.

Relevant constraints may include

• Natura 2000 sites;
• protected natural areas;
• cultural heritage or archaeological zones;
• aviation, defense or utility protection corridors.

Accelerated RES zones

Following the transposition of RED II / RED III, Romanian law allows for: accelerated permitting, limited exemptions from certain environmental assessments, but only under strict conditions and with safeguards where significant impacts are possible.

Developers should never assume automatic exemptions-each project must be legally substantiated.

6. Typical Compliance Path (Land-First Perspective)

1. Land qualification: intravilan vs. extravilan; agricultural vs. non-agricultural; confirmation of ≤ 50 ha where applicable.
2. Urbanism Certificate: confirms zoning eligibility; lists required approvals.
3. Environmental procedure: screening / EIA / AA depending on location.
4. Scoatere din circuitul agricol: aligned with cadastral and technical plans.
5. Building Permit: final legal authorization to build.

7. Key Takeaway for Investors and Developers

In one sentence: Renewable energy projects can be built both intravilan and extravilan without PUZ, but when located on agricultural extravilan land, they are subject to a strict 50-hectare limit and a full permitting chain including environmental approvals and removal from the agricultural circuit.

How Grigorescu & Partners can assist

We advise developers and investors on: land structuring and surface optimization; permitting strategy and risk allocation; bankability reviews for PV, wind and BESS projects; litigation and challenges against unlawful refusals or delays.

If you are developing or acquiring a Romanian renewable energy project and want a clear view on land regime, permitting steps and bankability risks, share a short summary of the asset and current status.