New amendments to Land Law

√     Simplified procedure for the development of renewable energy projects on extra-muros lands
√     Dual use of the land for both renewable energy projects and agricultural purposes

The Land Law no. 18/1991 was recently amended[1] in order to facilitate the investments in renewable energy projects. The amendments regulate a simplified procedure for the development of such projects on extra-muros lands.

The new amendments entered into force on 24 July 2022 and will apply until 31 December 2026.

Main amendments:

  • The projects for the production of electricity from renewable energy sources (solar energy, wind, biomass, bioliquid and biogas, storage capacities, transformer stations and other similar systems) can be developed on extra-muros agricultural lands with fertility class III, IV and V on the basis of the building permit and the approval of permanent or temporary removal from the agricultural circuit, in a maximum area of 50 ha. Thus, obtaining of PUZ for such purpose is no longer required.
  • The definitive or temporary removal from agricultural circuit occurs at the time of the issuance of the building permit, subject to the payment of the applicable fees.
  • The extra-muros lands (except for the arable lands) may be used in a dual system both for agricultural production and for electricity production from renewable energy sources. Permanent or temporary removal from the agricultural circuit may be applied only to the areas of land used for the renewable energy projects.
  • The fees for the removal from agricultural circuit shall be paid only for the area transferred from the agricultural circuit and used for the development of the renewable energy project.
  • The approval procedure (required endorsements) for the removal from agricultural circuit for such projects is amended and a specific 45-days approval deadline is provided.

[1] Law no. 254/2022 amending and supplementing Land Law no. 18/1991 and certain normative acts, published in the Official Gazette no. 736 dated 21 July 2022.

 

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