The denial of the town planning certificate for the purpose of building surplus floors to the existing immovable property. The possibility to set a +4 Land Use Ratio solely via the General Town Plan.

DREPT ADMINISTRATIV

Abstract

The provisions of Art. 2 para. (4) letter a1) of Law 50/1991 as amended create the legal framework for the local authority to allow, without ordering the beneficiary to prepare a town planning documentation, to execute a work of surplus floors to the building with an extra level once, with a maximum area of 20% of the extended built area. However, as to the need to relate said legal provision to Law 350/2001, said permission must not finally trigger a land use ratio higher than 4, since such ratio was not previously permitted by the General Town Plan documentation. The denial of the local public authority of a town planning certificate to surplus floors is not an abuse of power neither in point of the principle of protection of the legitimate trust of the beneficiary who had previously obtained a certificate favorable to its initiative, while the denial of the authority referred to an act that had first been illegal.