Code of Spatial Planning, Urbanism and Construction (Law 169/2026): what changes for energy auditors and design verifiers

Law no. 169/2026 on the Code of Spatial Planning, Urbanism and Construction (CATUC), an act of 584 articles that replaces several older laws in the field. For an energy auditor or a design verifier, the useful part is small compared with the whole code, but it has direct consequences: the basis for attestation, professional civil liability insurance, penalties and the design verification levels. The guide reads these articles in the text of the Official Gazette and states separately what remains unclear.

From when does the Code apply, and does it depend on secondary norms?

The Code was published in the Official Gazette no. 661 of 10 August 2026. Art. 575 para. (1) says that it "enters into force 15 days after the date of publication" (our translation), that is, on 25 August 2026 (the date results from calculation, the text does not state it). Para. (2) adds that the entry into force "is automatic and its application is not conditional on the adoption of secondary or tertiary legislation" (our translation). An order or a norm that is late therefore does not postpone the obligations in the code.

What does the Code say about energy auditors?

Art. 382 para. (1) places on the competent ministry the technical-professional attestation of construction specialists, among them "design verifiers, technical experts, energy auditors for buildings" (our translation), as well as the periodic confirmation of their right to practise. Art. 376 para. (1) letter f) includes "the energy audit of buildings" (our translation) among the components of the quality system in construction.

For existing buildings, art. 438 requires that interventions be carried out on the basis of documents determined by the nature of the intervention, among them, at letter c), an "energy audit prepared by an energy auditor for buildings" (our translation). The attestation regulation by grades is in the guide Order MDLPA 348/2026.

Does Law 372/2005 remain the basis of energy certification?

Yes. Art. 402 para. (2) says that "the requirements on the energy performance of buildings are laid down by Law no. 372/2005" (our translation), together with the subsequent technical regulations. Art. 401 para. (3) links energy performance to the consumption calculated "according to the methodology for calculating the energy performance of the building" (our translation) or to the actual consumption, and para. (5) lists the indicators: the energy class, the total specific primary energy consumption, the CO₂-equivalent emission index and the total specific energy consumption from renewable sources. The Code does not rewrite certification; it changes the liability framework around it.

What obligations and penalties apply to auditors?

The first is RCP insurance. Art. 556 para. (2) requires it from all specialists who are technically and professionally attested or authorised, and its absence is a contravention under art. 570 para. (1) letter ee) and may lead to suspension of the right to practise for 9 months (art. 572 para. (2) letter b)). The details are in the guide RCP insurance for energy auditors.

The second is competence. Art. 570 para. (1) letter p) penalises attested energy auditors for exceeding their competences by field, subfield, speciality or professional grade, for exercising the right to practise outside its validity period and for failing to meet the obligations incumbent on them under the regulations in force. For the acts at letters n)-ee), para. (2) letter b) provides a fine between 20,000 and 50,000 lei, and para. (3) excludes a warning. The finding belongs to the "Inspectoratul de Stat în Construcții" (State Inspectorate in Construction) (art. 571 para. (1); for buildings of a special nature, the institutions in the defence, public order and national security system).

The third is suspension of the right to practise, at art. 572. For auditors, the ministry may order, as a complementary penalty, suspension of the right to practise in fixed steps (para. (2)): 6 months if, during the validity period, at least two contraventions among those at art. 570 para. (1) letters c), g) or h), i), p), q) and nn), penalised by a fine, have been found; 9 months for the absence of RCP insurance (letter ee)), penalised by a fine; 12 months if more than four of the listed contraventions have been found. A single act under letter p) is penalised by a fine, not also by suspension. Separately, para. (7) provides for suspension by operation of law, recorded at the periodic confirmation, for anyone who practised after the validity expired: 3 months if practice was exercised between 3 and 12 months after expiry, 6 months between 12 and 60 months, 12 months beyond 60 months, counted from the registration of the renewal request. The measure is entered in the public register of auditors (para. (11) letter a)).

What does the Code change for design verifiers?

Art. 440 para. (4) divides technical verification into four levels, according to the consequence class of the construction: NVP1 for CC1 (art. 441), NVP2 for CC2 (art. 442), NVP3 for CC3 (art. 443) and NVP4 for CC4 (art. 444). The classes are defined at art. 370.

• CC1: technical verification "is not required" (art. 440 para. (3)) (our translation); responsibility for compliance with the norms lies exclusively with the designers.
• NVP2: qualitative verification, including a check of the calculation assumptions and the input data (art. 442 para. (4) letter a)).
• NVP3: in addition, a review of all the designer's calculations (art. 443 para. (4)).
• NVP4: a parallel and independent calculation by the verifier, with tools at least equal to the designer's; the difference from the designer's calculation may not exceed 5 %, otherwise the design is revised and the verification is repeated (art. 444 para. (3) letter a) and para. (4)). The verification report is accompanied by calculation notes (art. 445 para. (8)).

The verifier's obligations are at art. 445, including RCP insurance (para. (1) letter f)), and liability at art. 446 para. (1): 10 years from the handover or acceptance of the construction for the conclusions of the verification, and, for defects of the load-bearing structure resulting from non-compliance with the design norms, for the whole life of the construction. The requirement "energy saving and thermal insulation" remains at art. 386 para. (3) letter f); its application in a verification is in the guide Verification of designs against the requirement "energy saving and thermal insulation".

Verifiers also answer for an act carrying a higher fine than those applicable to auditors: art. 570 para. (1) letter g) penalises the adoption by verifiers of incomplete designs, with non-compliant solutions or with inconsistencies that lead to failure to reach the quality level, with a fine between 50,000 and 100,000 lei (para. (2) letter a)).

What was repealed and which references remain valid?

Art. 576 para. (3) repeals, from entry into force, Law no. 50/1991 (letter b)) and the provisions of art. 1-9, 11-40 and 42-44 of Law no. 10/1995 (letter c)). Art. 583 para. (3) says that, where other acts refer to repealed provisions, the reference "is deemed to be made to this code" (our translation), and para. (5) repeals "any other contrary provisions" (our translation). Some regulations in Government decisions remain in force until amended; for verifiers, art. 577 para. (5) expressly maintains the Regulation approved by GD no. 925/1995 until the date of its amendment.

What remains unclear?

• Suspension in Law 372/2005 and in the Code. Law 372/2005 has its own suspension regime for auditors, at art. 38, with periods of 12 to 24 months for the acts at art. 36 para. (1) letters c) and f). Art. 572 provides 6 to 12 months. We did not find a text that establishes the relationship between the two, other than the general clause at art. 583 para. (5). If your situation may attract both regimes, ask the ministry or a lawyer for clarification.
• The requirement "emissions into the external environment". Art. 386 para. (3) letter h) is a new fundamental requirement. We did not find an implementing norm, and the text does not say how it is verified.

Points to watch

• An order is awaited before compliance. Art. 575 para. (2) excludes this condition; the insurance and the competence limits apply from 25 August 2026.
• Law 50/1991 or the repealed articles of Law 10/1995 are cited as the basis. Cite the Code, with the article.
• CC1 is confused with the absence of liability. The absence of verification moves liability entirely to the designer (art. 440 para. (3)).
• The right to practise is allowed to expire. Exercising it after expiry attracts suspension by operation of law (art. 572 para. (7)).

How a calculation program helps

A program keeps the building data, the calculation and the generated documents in one place, and for a verifier, redoing a calculation with the same input data makes it easier to compare with the designer's calculation summary. Zephren has no official validation from MDLPA and does not replace the field survey or the responsibility of the attested specialist. Auditors can go through the workflow in the Zephren calculation program, and verifiers in the design verification module.

*Verified on 21 October 2026, against the text of Law no. 169/2026 in the Official Gazette no. 661/10.08.2026, with the consolidated status of 14.10.2026 and the Rectification in the Official Gazette no. 862/14.10.2026, and against art. 38 of Law no. 372/2005 (the form of 25.07.2024). Courtesy translation; the Romanian version prevails. This is not technical or legal advice.*