Professional civil liability insurance for energy auditors, mandatory from 25 August 2026

Law no. 169/2026 on the Code of Spatial Planning, Urbanism and Construction (CATUC) was published in the Official Gazette of Romania, Part I, no. 661 of 10 August 2026. The Code enters into force "15 days after the date of publication" (our translation) (art. 575 para. (1)), that is, on 25 August 2026. Art. 575 para. (2) specifies that its application is not conditional on the adoption of secondary or tertiary legislation.

Among the new obligations is one that directly concerns energy certification work: professional civil liability (RCP) insurance.

Who it applies to

Art. 556 para. (2) provides that specialists who are technically and professionally attested or authorised have the obligation to take out professional civil liability insurance. Energy auditors for buildings fall into this category, because art. 382 para. (1) lists them, alongside design verifiers and technical experts, among the specialists whose attestation is organised by the competent ministry.

Design verifiers (technical verifiers) also have an obligation of their own, repeated at art. 445 para. (1) letter f). Energy auditors are not mentioned there, so their basis is art. 556 para. (2), read together with art. 382 para. (1).

How long the obligation lasts

Under art. 556 para. (3), the obligation exists for the whole period in which the right to practise is exercised, through the actual performance of the activities for which the person was attested. The same paragraph says that policies are taken out for periods of at least one year, with an obligation of annual renewal. The insurer must be an insurance company authorised by the Financial Supervisory Authority (ASF) (art. 556 para. (6)).

What you risk without a policy

The absence of insurance is a contravention under art. 570 para. (1) letter ee), which penalises the failure of attested specialists to comply with the "obligation to take out professional civil liability insurance" (our translation). The main penalty is a fine: art. 570 para. (2) letter b) sets, for the acts at letters n)-ee), between 20,000 and 50,000 lei. Art. 570 para. (3) excludes a warning. The finding is made by the persons with control duties within the "Inspectoratul de Stat în Construcții" (State Inspectorate in Construction) (art. 571 para. (1)).

Suspension of the right to practise may be added to the fine. Art. 572 para. (1) provides for it as a complementary penalty, by operation of law or at the holder's request, and para. (2) allows the competent ministry to order it, for energy auditors, for periods between 6 and 12 months, depending on the contraventions found during the validity of the attestation. For the situation in which the contravention at art. 570 para. (1) letter ee) was found and the fine was applied, para. (2) letter b) indicates 9 months. The measure is ordered by order of the minister (art. 572 para. (3)) and is entered in the public register of energy auditors (art. 572 para. (11) letter a)).

### The relationship with Law 372/2005

Law no. 372/2005 has its own penalty regime for auditors, with fines at art. 36 and the possibility of suspending the right to practise at art. 38, for a period of 12 to 24 months for certain acts. The two acts therefore have different regimes, and the relationship between them is not expressly settled: CATUC contains only a general clause repealing contrary provisions (art. 583 para. (5)). If your situation may attract both regimes, ask the ministry for clarification or consult a lawyer.

What to check in an RCP offer

The text of the law requires the existence of the insurance and sets the minimum duration, but in the articles read no minimum insured sum appears for auditors. The content of the policy remains, to a large extent, a contractual matter. A checklist:

• The object covered. The policy must cover the activity for which you are attested, that is, the energy audit and the preparation of energy performance certificates (CPE), within the limits of your professional grade. Check whether additional activities, such as the nZEB compliance report for grade I, are included.
• The period. Art. 556 para. (3) requires policies of at least one year, renewed annually, without interruptions as long as you exercise the right to practise. A gap between two policies is a gap in compliance with the law.
• The limit of liability. Find out the maximum sum per event and per policy year and compare it with the value of the buildings you certify.
• Retroactivity and the trigger of cover. Ask whether the policy covers acts from the validity period or claims made during the validity period, and what happens to certificates prepared before the first policy or after it expires.
• Exclusions and the deductible. Read the list of exclusions and the level of own participation. Standard clauses that limit liability in favour of the party proposing them have no effect unless they are accepted "expressly, in writing" (our translation) (Civil Code, art. 1.203).
• The insurer and the proof. Check that the insurer is authorised by ASF and keep the policy on file for any inspections.

Frequently asked questions

Does it also apply to auditors who work as employees? Art. 556 para. (2) concerns attested specialists, without distinguishing by the form in which the profession is exercised. If the employer has its own policy, check in writing whether it covers you personally for the energy audit and CPE activity.

Can I practise without a policy if I am not currently preparing documents? Art. 556 para. (3) links the obligation to the "actual performance" (our translation) of the activities for which you are attested. What this means in a period without activity is not detailed in the text read.

Is there a grace period after 25 August 2026? Neither art. 556, 570, 572 and 575, nor the transitional and final provisions (art. 573-584) provide one; the deadlines there concern the authorities (for example, art. 578 para. (1): 31 December 2026), and art. 575 para. (2) says that the application of the Code does not depend on secondary legislation. Follow any clarifications from the ministry.

This material is for information only and does not constitute legal or insurance advice. Zephren is a calculation program for energy performance certificates and does not offer insurance; details about the program at zephren.ro/program-de-calcul. Courtesy translation; the Romanian version prevails. This is not technical or legal advice.