Romania’s new Planning and Construction Code: what changes for solar, wind and BESS developers?

Romania’s new Territorial Planning, Urbanism and Construction Code is no longer a draft: Law No. 169/2026 has been in force since 25 August 2026. For solar, wind and BESS developers, the decisive challenge is managing historical files alongside new applications. Older urbanism certificates do not automatically lapse, but the type of certificate, competent authority, linear infrastructure and ANRE milestones must be reassessed. Do not assume that the Code extends ATR or grid connection agreement deadlines.

Which law applies from 25 August 2026?

Law No. 169 of 5 August 2026 was published in Official Gazette No. 661 of 10 August 2026. Article 575 provides for commencement 15 days after publication and specifies that implementation is not conditional on secondary regulations. Under the final provisions in Article 576, the Code principally replaces Law No. 50/1991 on construction permits and Law No. 350/2001 on planning, subject to transitional and special provisions.

A developer holding several SPVs with projects initiated between 2022 and 2026 cannot assume one common permitting regime across the entire portfolio. The answer depends on when each urbanism certificate was issued, when the relevant planning process was formally initiated and when an administrative application was submitted. Automatically reusing a checklist prepared under Law No. 50/1991 can lead to material errors.

What happens to previously issued urbanism certificates?

Article 582(4) expressly states that urbanism certificates issued before 25 August 2026 remain valid. Building and demolition permits can be issued using the approvals identified in those certificates in accordance with the transitional mechanism. Article 582(5) also addresses cases where authority to issue the construction permit has shifted to another public body. There is therefore no general legal reason to reapply for every existing certificate simply because the Code commenced.

Nevertheless, review the certificate's own validity period, purpose, required endorsements and whether the technical scheme has changed. A valid certificate for a PV plant without a new substation or cable route may be insufficient for today's design regardless of grandfathering. The issue is the scope and suitability of the certificate, not only its date.

Must pre-Code PUZ and PUD processes start again?

Article 582(1) preserves the legal regime in force when qualifying procedures to prepare, endorse and approve planning documents were initiated before Code commencement. Article 582(6) defines initiation by the administrative initiating act being made known to third parties. Having engaged a planner or commissioned a private study in 2025 does not necessarily prove formal initiation under this statutory test.

Article 582(2) also provides certain possibilities to continue endorsement through integrated review, taking account of existing approvals in the circumstances described by the Code. For each PUZ/PUD, preserve the initiating act, publication evidence, approvals, their validity and the procedural stage. Avoid both extremes: assuming every pending plan falls automatically under the new Code or assuming the former regime applies indefinitely without conditions.

Which certificate is needed for a plant, substation or cable route?

The Code distinguishes several urbanism certificate types by purpose. Energy projects may involve the certificate for construction/demolition of buildings and facilities under Article 257 and the certificate for engineering works under Article 258, as well as information and cadastral certificates where appropriate. Articles 257(4) and 258(2) establish 15-working-day issuance periods for the relevant categories under their statutory conditions. These periods must not be extrapolated to every permit or treated as guaranteed actual processing times.

For PV/BESS, identifying the object of each work package is critical: the plant, transformer station, export line, cabling, access road and diversions may need separate classifications or applications. A certificate is not a substitute for land rights or a building permit. Ask the planner and engineer for a permit-object matrix matching each asset to its legal category, parcel and competent authority.

Will integrated procedures automatically make permitting faster?

The Code seeks more predictable timelines and workflows, including digital documentation and integrated endorsement bodies. However, a new review structure does not guarantee that a PUZ or construction permit will arrive on the developer's planned date. Actual IT readiness, local authority practice and completeness of documents need to be verified in each jurisdiction. The statutory time for a particular certificate does not include every preceding technical study, amendment or separate environmental procedure.

For applications filed but unresolved on 25 August 2026, Article 582 does not address each building-authorisation scenario with equal specificity. Administrative guidance and ministerial clarifications can inform practice but should be distinguished from enacted law. Where the impact is material, seek a written position from the competent authority and retain proof of filing.

What is the real impact on ATR survival?

The Planning Code does not displace ANRE deadlines. The Connection Regulation and ANRE Order No. 15/2026 maintain independent obligations concerning the building permit and establishment authorisation, including ATR and connection-agreement termination where the rules expressly provide that consequence. A developer awaiting a CU or PUZ must simultaneously test whether ANRE deadlines remain achievable and whether any legally effective extension route exists.

There is a further commercial risk: land secured for an older design may not fit the revised technical configuration. Before purchase or redesign, reconcile planning, agricultural land, environment, substations and cable rights. A portfolio-wide Urbanism Code Impact Assessment can classify schemes into three groups: historical procedures protected by transitional rules, mixed-regime applications and wholly new procedures.

Hypothetical example: the investment decision

*Hypothetical example, not a reference to an actual project.*

A developer hypothetically obtained an urbanism certificate in April 2026 for PV, formally initiated and published a PUZ in June 2026 and now wants to add BESS and a new export cable in October. The existing certificate does not lapse solely because the Code commenced, and the PUZ may benefit from Article 582(1). That does not mean the battery and additional cable are automatically covered by the original documentation. Separate planning and connection screening is required, alongside the ANRE critical-path review.

Developer Action Checklist: what should be checked in the next 30–90 days?

1. Inventory all certificates, PUZ/PUD files and building-permit applications with issuance, initiation and filing dates. 2. Preserve formal evidence that relevant planning procedures began before 25 August 2026. 3. Classify the plant, substation, access road, cables and engineering works separately. 4. Check certificate validity and competent authority; do not reflexively restart valid historical procedures. 5. Reconcile new planning requirements with ATR, GCA and ANRE establishment-authorisation deadlines.

Conclusion and next steps

For developers, the decisive change is not a renamed application form but the need to manage the transition between two legal regimes without losing time, evidence or grid rights. An SPV-by-SPV Code impact review can avoid needless repeat filings and missed deadlines.

Request a project-specific assessment. Grigorescu & Partners can review the key documents and prepare a focused risk, deadline and action report. Discuss a mandate or Email us the project details.

Primary sources and verification date

*Analysis updated on 12 October 2026.*

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Editorial note: For general information, not project-specific legal advice. Applicable rules depend on project history, documents, contracts and subsequent amendments.