Validity of the building permit under the new Code: 3 years, construction period and losing the permit

A building permit is not valid forever. Here are the rules of Law no. 169/2026 (art. 309-310), with one difference from the old system: the 3-year validity period cannot be extended; it is the construction period that can be extended (our reading of art. 309-310, explained below). For an overview, see also the article on the building permit.

The rule: 3 years, then the construction period

• building and demolition permits are valid for 3 years from issue (art. 309 para. 1);
• the term extends over the whole construction period stated in the permit, starting from the start date of the works notified to the issuing authority (para. 2);
• if you do not notify the start of the works, the construction period is counted from the date the permit was issued (para. 3).

What changed compared with Law 50/1991

Law 50/1991 is no longer in force; its column is shown only for comparison.

Extension and suspension

• Extending the construction period: it can be requested only once, for at most 12 months, by paying a fee of 30% of the initial fee (art. 310 para. 5). The request is filed before expiry, at least 15 working days in advance; the Code uses two wordings (15 days in art. 309 para. 6, 15 working days in art. 310 para. 5), so file well in advance.
• Suspension: the validity period can be suspended only once, by a reasoned notification to the issuing authority, for at most 12 months (art. 309 para. 4).
• Amendment permit: within the validity period, you can start the works or request an amendment permit (art. 309 para. 5).

Mind the wording: the Code uses “extension of validity” both in art. 309 para. 5 (prohibited) and in para. 6-7 (allowed, at most 12 months), while art. 310 para. 5 speaks of “extension of the construction period”. We read the text as meaning that the 3-year term stays fixed, while the construction period can be extended; confirm with the town hall how it applies the rule.

When you lose the permit (art. 310)

• you did not start the works within the validity period;
• you did not complete the works within the construction period and did not request an extension;
• the works were suspended for more than 24 months.

If the suspension results from disputes over ownership, other property rights or the legality of the permit, or from force majeure, the loss for non-completion does not apply for the duration of the dispute or event (para. 4). If you do not complete the works within the validity period, you must apply for a new building permit (para. 6).

If construction was interrupted beyond the period stated in the permit, without conservation measures, the remaining works can only continue on the basis of documents prepared after the conclusions of a technical expert report on the works carried out and of the check reports on the essential requirements, and only if the technical solutions do not change (para. 7).

In practice

• note the date of issue and count the 3 years;
• notify the start of the works in writing;
• if you see that you will not finish, request the extension months ahead, not in the last few weeks;
• if the works stop, notify the suspension and keep a record of the conservation measures.