How to challenge a PUZ or PUD that affects your neighbourhood: urban planning litigation for owners and tenants’ associations

This article explains, in accessible language, how you can challenge a PUZ or a PUD that affects your neighbourhood, which acts can be challenged, what the deadlines are, who has standing to sue, how the procedure works and what evidence is important. We will refer to the main statutory instruments – in particular Law no. 350/2001 on spatial planning and urbanism, Law no. 50/1991 on the authorisation of construction works, Law no. 554/2004 on administrative litigation, Law no. 52/2003 on decisional transparency in public administration and Law no. 544/2001 on free access to information of public interest, as well as to related articles on maglas.ro.

For a more narrative introduction to the topic, you can also read the Romanian article from the same series, focused on real-life scenarios: “Dreptul urbanismului: scenarii și povești pentru PUZ și PUD”. The present text is the more technical version, focused on concrete steps and defence strategies.

1. What are PUG, PUZ and PUD and why they matter for residents

1.1. PUG, PUZ, PUD – a minimal dictionary

Law no. 350/2001 distinguishes between several categories of urban planning documentation: General Urban Plan (PUG), Zonal Urban Plan (PUZ) and Detailed Urban Plan (PUD). These instruments regulate, at different levels of detail, the legal regime of land and buildings, the urban indicators (POT – land coverage ratio, CUT – floor area ratio, maximum heights), the destination of areas (residential, commercial, green spaces, public facilities) and how new developments can be implemented.

• PUG – the “big” plan for the entire locality, setting the general long-term development directions.
• PUZ – a plan regulating a more limited part of the locality (for example, a district or a mixed-use area), detailing building rules, traffic routes, green spaces and public facilities.
• PUD – a “detailed” plan, usually for a specific plot or development, which elaborates and particularises the provisions of the PUG and/or PUZ.

General rules on how constructions must be located on the plot, minimum distances to property boundaries, access, parking, etc. are also found in the General Urban Planning Regulation approved by Government Decision no. 525/1996.

1.2. Why PUZs and PUDs are administrative acts that can be challenged

The decisions of local or county councils by which PUZs and PUDs are approved are administrative acts within the meaning of Law no. 554/2004 on administrative litigation – they are issued in the exercise of public power and produce legal effects for all those in the regulated area. The case law of the High Court of Cassation and Justice (Înalta Curte de Casație și Justiție – ÎCCJ) has clarified, through Decision no. 12/2021 (appeal in the interest of the law) regarding Law no. 350/2001, that decisions approving PUZs are, as a rule, administrative acts of a normative nature – that is, they apply generally to a category of situations or persons, not just to one single beneficiary.

The fact that the PUZ or PUD is a normative administrative act has important consequences for litigation:

• you can seek its annulment through an administrative court action;
• you can request suspension of its application until the court case on the merits is decided (under Articles 14–15 of Law no. 554/2004);
• its lawfulness can be reviewed by way of an exception of illegality raised in another case (for example, in a civil dispute over a building permit).

Măglaș Alexandru – Cabinet de Avocat has a general article on administrative litigation – what an administrative act is and how it can be challenged: “Cum dai în judecată Guvernul sau primăria pentru un act administrativ?” (in Romanian).

2. What acts can you challenge in urban planning litigation

In practice, a neighbourhood affected by a PUZ or PUD is not impacted only by the approval decision, but by an entire chain of acts: planning certificates, mandatory approvals, building permits, mayor’s dispositions and sometimes subsequent decisions amending the initial PUZ. All of these can, in certain conditions, become the object of administrative court proceedings.

2.1. Decisions approving PUZ and PUD

The first act to look at is the local council decision (or, in Bucharest, the decision of the General Council) approving the PUZ or PUD. This decision:

• is of a normative nature (it applies to all land and buildings in the regulated area);
• is adopted under Articles 36 and 45 of Government Emergency Ordinance no. 57/2019 on the Administrative Code, which regulate the competences of local councils and the procedure for adopting council decisions;
• must comply with the rules in Law no. 350/2001 on obtaining approvals and adopting urban planning documentation (for example, Articles 32, 39, 47 and 56).

If these rules are breached (for example, mandatory approvals are missing, the public consultation procedure was not properly followed, the PUZ conflicts with the PUG or with protection rules for listed areas), the approval decision can be challenged in court.

2.2. Building permits and other individual acts issued under the PUZ/PUD

In addition to PUZ/PUD, each concrete project requires a planning certificate and a building permit, issued under Law no. 50/1991 and the applicable planning documentation.

The building permit is an individual administrative act. It can be challenged separately, even if the PUZ is not attacked at the same time, but in practice the two are closely linked:

• if the PUZ is unlawful, building permits issued under it are highly likely to be unlawful as well;
• sometimes the first priority is to attack the permit (to stop urgent works), and the PUZ is then challenged in a separate action or via an exception of illegality;
• in other cases, the strategy is the opposite: the PUZ is attacked at “macro” level, in order to block an entire “wave” of permits based on it.

Planning certificates, preliminary approvals or other intermediate administrative acts can also be subject to judicial review, at least via an exception of illegality or when they produce direct effects for the owner.

2.3. Administrative silence and refusal to disclose documents

In large urban planning disputes, a very common obstacle is the refusal of authorities to provide documents – the PUZ project itself, explanatory notes, approvals, traffic studies, sunlight studies etc. Access to such information is guaranteed by two key laws:

• Law no. 544/2001 on free access to information of public interest – for obtaining copies of planning documents, approvals, decisions, studies;
• Law no. 52/2003 on decisional transparency – for the stage prior to adopting the decision, when the draft PUZ/PUD must be made public and open to consultation.

If the city hall refuses to provide this information or fails to respond within the legal deadlines, that refusal can itself be challenged, and the situation can be used as an additional argument in the main administrative court action. On the topic of “administrative silence”, you can also read the Romanian article: “Tăcerea administrației poate fi un abuz”.

3. Who has standing to challenge a PUZ or PUD

Law no. 554/2004 requires either a right that has been infringed or a legitimate interest, private or public (Articles 1 and 2 of Law no. 554/2004). In urban planning matters, a frequent question is: “Can I, as a simple resident, sue to challenge the PUZ?”

3.1. Owners directly affected

The most straightforward holders of legitimate interest are owners of land and buildings located inside the area regulated by the PUZ or PUD. They can show that:

• the height regime in the vicinity is being changed (a tall building appears next to low-rise houses);
• their access to natural light, quiet, green spaces and parking is reduced;
• the market value of their property is affected by over-densification or by an unfavourable change of land use (for instance, logistics halls or noisy functions next to homes).

These effects can and should be described concretely in the statement of claim and supported by photos, simulations and expert reports. It is not necessary for the owner to be the beneficiary of the PUZ – in fact, most of the time they are the “sacrificed neighbours”.

3.2. Neighbours in the immediate vicinity and within the “impact area”

Even if your property is not located exactly within the PUZ perimeter, you may have a legitimate interest if you are in the impact area: on the streets where the additional traffic will overflow, in the shadow area of the new tall buildings, in the noise or pollution impact area.

The case law of the courts of appeal often accepts actions filed by such “nearby” neighbours, provided they are able to demonstrate – through studies or at least concrete arguments – the link between the PUZ/PUD and the deterioration of their living conditions.

3.3. Owners’ associations and NGOs

Law no. 554/2004 expressly recognises the role of interested social bodies – owners’ associations, tenants’ associations, environmental or urbanism NGOs – in protecting public interest (Article 1 paragraphs (1)–(2) and Article 2 letter r)). The conditions are that:

• the association’s statute explicitly state objectives related to the protection of the environment, urban planning, quality of life in the neighbourhood;
• the action pursue both the private interest of members (for example, owners in a specific building) and a public interest (the urban quality of the wider area).

In practice, a well-organised owners’ association or tenants’ association can have a stronger position in court than an isolated individual, because it represents a wider group of affected persons and can manage the costs of a complex case more efficiently.

4. Deadlines: how long do you have to challenge a PUZ or PUD

In administrative litigation, deadlines are critical. A late action can be rejected as time-barred even if, on the merits, you are right. In urban planning you need to distinguish between:

• normative administrative acts – council decisions approving PUZ/PUD;
• individual administrative acts – building permits, planning certificates, explicit refusals to issue an act.

4.1. Deadlines for challenging PUZs and PUDs (normative acts)

Article 11 paragraph (4) of Law no. 554/2004 states that administrative acts of a normative nature can be challenged at any time. However, in urban planning matters, Law no. 350/2001 introduces a special rule: the right to challenge decisions approving planning documentation (PUG, PUZ, PUD) is, as a rule, subject to a five-year limitation period. This interpretation has been confirmed by High Court Decision no. 12/2021 (RIL), which harmonised Law no. 350/2001 with Law no. 554/2004.

In other words, for decisions approving PUZs and PUDs:

• as a principle, the action can be filed within five years from the date when the decision was approved;
• after the expiry of this term, a direct action against the PUZ becomes very difficult, but using an exception of illegality or attacking individual permits issued later may still be possible.

From a strategic perspective, residents should not wait too long to react to a controversial PUZ. The prior complaint, the action for annulment and the suspension request should be prepared as early as possible, ideally within the first months after the decision is adopted.

4.2. Deadlines for building permits and other individual acts

For individual administrative acts (building permits, explicit refusals, etc.), the general rules in Articles 7 and 11 of Law no. 554/2004 apply:

• prior complaint – generally within 30 days from the date when the injured person became aware of the act (Article 7);
• administrative court action – generally within six months from the date of communication of the reply to the prior complaint or from the expiry of the statutory reply term (Article 11 paragraph (1));
• for justified reasons, the six-month term can be extended up to one year in the conditions of Article 11 paragraph (2).

Importantly, in the case of a neighbour’s building permit, where you find out about the permit much later (for example, when works actually start), the 30-day term for the prior complaint runs, as a rule, from the date when you became aware of the act, not necessarily from the date of its issuance.

4.3. Prior complaint in the case of normative acts

Article 7 paragraph (1¹) of Law no. 554/2004 states that, for normative administrative acts, the prior complaint may be submitted at any time. It is not, in practice, an absolute condition for the admissibility of the court action, but it is recommended for at least two reasons:

• it gives the authority a chance to revoke or amend its own act without the need for court intervention;
• it shows the court that the claimants tried to settle the matter amicably and clearly notified the authority of the alleged unlawfulness.

In many urban planning disputes, the prior complaint is also used as a tool to mobilise the community (it is signed by several neighbours, owners’ associations, local NGOs) and to set out, in writing, the key criticisms of the PUZ/PUD.

5. What should be done before going to court

Before filing an action in court, it is useful to follow some essential steps. They are not just “formalities” but can make the difference between a strong case and one rejected for lack of evidence.

5.1. Organising at neighbourhood and association level

In urban planning litigation, the strength of the group matters. A single owner can be vulnerable financially and in terms of evidence, while an owners’ association or group of neighbours:

• can share the costs of expert reports, independent opinions and lawyer’s fees;
• can centralise information and documents (photos, videos, correspondence with the city hall);
• can open multiple “fronts” – from prior complaints and petitions to parallel actions against individual permits.

It is useful for the association to adopt an internal resolution mandating the president or another representative to initiate litigation, sign the prior complaint and collaborate with the lawyer.

5.2. Obtaining documents under Law no. 544/2001

Without documents, any reaction remains at the level of rumours or suspicion. Therefore, the first concrete step is to request, under Law no. 544/2001, at least the following:

• the complete PUZ/PUD project (including drawings and written report);
• the approval note and the report of the specialised department;
• all mandatory approvals (environment, traffic, cultural heritage, utility providers etc.);
• the minutes of the public debate organised under Law no. 52/2003;
• the local council decision approving the PUZ/PUD and any subsequent amending decisions.

If the city hall refuses to provide this information or does not respond within the deadlines provided by Law no. 544/2001, that refusal can be challenged separately, and the situation can be used as an additional argument in the main administrative case.

5.3. Checking compliance with public participation rules (Law no. 52/2003)

Another key element is whether, before adopting the PUZ/PUD, the authority complied with decisional transparency rules under Law no. 52/2003:

• was the draft decision published on the authority’s website and on its public notice board?
• was a genuine public debate announced and organised, allowing residents to submit comments?
• was a minute of the meeting and a report on the received recommendations prepared?

Failure to comply with these obligations can be a serious ground for annulment of the PUZ/PUD, as it concerns public participation in decisions on spatial planning.

5.4. Prior complaint – structure and content

The prior complaint is generally addressed to the authority that issued the act (local council or mayor). It should at least contain:

• identification of the challenged act (council decision, building permit etc.);
• a brief description of the facts (how the area looks, what the PUZ/PUD proposes, what project is planned);
• indication of unlawfulness grounds – lack of approvals, non-compliance with PUG, breach of the General Urban Planning Regulation, infringement of Law no. 52/2003, unlawful indicators, environmental rules etc.;
• indication of the concrete consequences for the claimant (traffic, noise, loss of sunlight, loss of property value);
• request for total or partial revocation of the act and, where appropriate, for suspension of its application until the issues are clarified.

The reply (or lack of reply) to the prior complaint will later be attached to the administrative court action. For more on how to structure complaints and claims in administrative litigation, you can read the Romanian article: “La ce costuri să te aștepți pentru un proces de drept administrativ sau fiscal”.

6. What an urban planning court action looks like

After the preliminary steps, comes the decisive one: filing the administrative court action before the competent tribunal (usually the tribunal where the authority is located), at the administrative and fiscal litigation section.

6.1. Claims

In urban planning cases, the statement of claim can combine multiple requests, for example:

• annulment of the decision approving the PUZ/PUD;
• annulment of one or more building permits issued under them;
• obligation of the authority to restart the procedure with full compliance with the law (genuine public consultations, proper planning documentation);
• pecuniary damages or moral damages, if a concrete prejudice can be proved;
• suspension of the challenged acts (if not already requested in a separate procedure under Articles 14–15 of Law no. 554/2004).

6.2. Key evidence in urban planning cases

Urban planning litigation is an area where technical evidence carries significant weight. In addition to documents, the court may order expert reports or take into account independent specialist reports. Commonly used evidence includes:

• official planning documentation (PUZ, PUD, PUG, local urban planning regulations);
• mandatory approvals (environment, traffic, cultural heritage, utilities etc.);
• traffic studies, sunlight studies, environmental impact assessments;
• photos and videos from the site, showing how the proposed development relates to existing buildings;
• reports and expert opinions (urbanism, construction, environment);
• witness statements, when needed to show how the project affects residents’ daily life.

The court may consider that certain issues go beyond a lawyer’s competence and therefore give decisive weight to the conclusions of an urban planning or construction expert.

7. Suspending the PUZ/PUD or the building permit: how to “buy time”

Filing an action for annulment does not automatically stop the application of the PUZ/PUD or construction works under a building permit. Therefore, Law no. 554/2004 provides an additional tool for the injured party: a request to suspend the administrative act (Articles 14–15).

7.1. Conditions for suspension

For the court to suspend a PUZ, PUD or building permit, two cumulative conditions must be met:

• well-grounded case (“caz bine justificat”) – serious indications that the act is unlawful or that the authority acted with abuse of power;
• imminent damage – a future loss which is predictable and serious (for example, complete shadowing of lower-floor apartments, overloading a narrow street with heavy traffic, irreversible destruction of a green space).

The definitions of these notions are found in Article 2 of Law no. 554/2004. The court will examine, in urgent proceedings, whether there are enough elements to “freeze” the effects of the act until the merits of the case are decided.

7.2. Suspending the PUZ versus suspending the building permit

Strategically, it is sometimes more effective to request:

• suspension of the PUZ/PUD – when there is a single “mother” act generating an entire wave of similar developments;
• suspension of the building permit – when one specific project (a block of flats or a large complex) is already producing urgent and visible effects.

The two types of requests can be combined. For example, you may seek suspension of the building permit (to immediately stop works) and, in parallel, suspension of the PUZ which allowed the controversial height and density.

8. Relationship with future civil and criminal cases

Urban planning disputes do not always stop at administrative litigation. In certain situations, they may be followed by:

• civil actions – for example, tort liability claims for damages caused by a lawfully or unlawfully authorised construction, neighbourhood disputes, claims relating to easements or property boundaries;
• criminal complaints – where there are suspicions of offences such as abuse of office, forgery, use of forged documents, influence peddling or corruption in connection with the approval of a PUZ/PUD or issuance of building permits.

As a rule, the solution in administrative litigation (for example, annulment of a PUZ or permit) has a major impact on these parallel disputes, either as a legal premise or as evidence.

9. The role of a lawyer specialised in urban planning law

Urban planning litigation combines elements of administrative law, civil law, environmental law, technical urban planning rules and long-term litigation strategy. A lawyer specialised in this field can:

• quickly identify weak points of the PUZ/PUD and permits (missing approvals, inconsistencies with the PUG, breaches of protected area rules, procedural errors);
• coordinate technical expertise and cooperation with urban planners, architects, traffic engineers and environmental specialists;
• build a step-by-step strategy: prior complaint, suspension request, annulment action, and, where appropriate, criminal complaints or related civil actions;
• represent both individual owners and owners’ associations, NGOs or civic groups.

For a detailed presentation of legal services in this area, you can consult the Romanian pages dedicated to administrative law and urban planning law and the general services page of the law office: Serviciile cabinetului de avocat Măglaș Alexandru.

FAQ – Urban planning litigation for PUZ and PUD

1. Can I challenge a PUZ or PUD even if I did not attend the public consultation?

Yes. Attending the public consultation is not a condition for bringing a court action against a PUZ or PUD. The essential condition is to prove that you are an injured person or that you have a legitimate interest (for example, you are an owner in the regulated area, a direct neighbour or an owners’ association representing affected residents). The fact that you were not properly informed or consulted may even be an additional argument regarding the breach of Law no. 52/2003 on decisional transparency.

2. What is the difference between challenging the PUZ and challenging only the building permit?

Challenging the PUZ targets the “general rule” applicable to an entire zone. If the PUZ is annulled, all permits issued under it may be affected. Challenging the building permit targets a specific project (for example, a block of flats or a real estate complex). In practice, the two strategies are often combined: you can seek suspension and annulment of the permit (to stop immediate works) and, in parallel, annulment of the PUZ which allowed the controversial height or density.

3. Can an owners’ association challenge a PUZ or PUD?

Yes. Law no. 554/2004 allows interested social bodies – including owners’ or tenants’ associations – to bring administrative court actions to protect their members’ interests and the public interest. It is important that the association’s statute reflects an interest in protecting the quality of life, the environment or housing conditions, and that the resolution to initiate litigation is validly adopted (usually by the general assembly).

4. What happens to the development project if the court suspends the PUZ or the building permit?

If the court upholds the suspension request, the suspended act (PUZ, PUD or building permit) cannot be enforced during the suspension period: authorised works must stop, and no new permits can be issued based on the suspended PUZ. Suspension is a provisional measure, pending the final decision on the annulment action, but it has a major practical impact – it gives residents time to argue their case without the contested building being completed in the meantime.

5. What costs are usually involved in an urban planning court case?

Costs vary depending on the complexity of the case, the number of parties, the necessary expert reports (urbanism, construction, environment) and the litigation strategy (suspension requests, multiple parallel actions, etc.). In general, you should consider:

• court fees (set under Government Emergency Ordinance no. 80/2013 on judicial stamp duties);
• fees for experts and technical specialists;
• lawyer’s fees, which can be adapted to the scale and complexity of the case.

For a more detailed analysis of costs in administrative and tax lawsuits (including disputes with local authorities), you can consult the Romanian article: “La ce costuri să te aștepți pentru un proces de drept administrativ sau fiscal”.

6. Is there anything I can still do if more than five years have passed since the PUZ was approved?

After the expiry of the five-year term provided, in principle, by Law no. 350/2001 for challenging decisions approving planning documentation, a direct action against the PUZ becomes difficult. However, depending on the circumstances, options may still exist, such as:

• challenging building permits issued recently, within the time limits set by Law no. 554/2004;
• invoking the exception of illegality of the PUZ in another case (civil or administrative), where the PUZ is relevant for the solution;
• administrative and political initiatives to revoke or amend the PUZ by the same issuing authority.

In such situations, a concrete case-by-case analysis together with a specialised lawyer is essential to avoid procedural steps with limited chances of success.