On 25 August 2026, Romania’s new Territorial Planning, Urbanism and Construction Code (Law No. 169/2026) entered into force, replacing the core legislative framework that has governed urban planning and construction for decades. It represents one of the most significant reforms in the field in recent years.
To help investors navigate this new regulatory landscape, Nyerges & Partners is launching Urbanism and Construction Code | DeCoded — a series of articles by our Real Estate, Urbanism & Construction experts exploring the Code’s key provisions, practical implications and underlying legal principles.
Is a Superficies Right Sufficient Legal Title for Obtaining a Building Permit?
The new Code on Territorial Planning, Urbanism and Construction (the “CATUC”), which entered into force on August 25, 2026, has raised significant concerns regarding the types of land rights that may constitute a sufficient legal basis for obtaining a building permit. In particular, questions have arisen as to whether the right of superficies — a cornerstone of energy project development in Romania — continues to qualify for construction permitting.