New Legal Framework for Spatial Planning, Urban Planning and Construction in Romania – Key Principles
In August 2026, the Spatial Planning, Urban Planning and Construction Code (Codul amenajării teritoriului, urbanismului și construcțiilor) entered into force. The public discussion surrounding it has in part been shaped by oversimplified accounts; therefore, a number of clarifications are useful.
“Disclaimer of opinion” – When the auditor cannot express an opinion
Some companies are required to have their annual financial statements audited by a licensed auditor; others choose to do so voluntarily. The auditor's report is more than a formal matter. During the audit, the auditor assesses whether the annual financial statements are properly presented in all material respects. Depending on the audit results, the auditor issues an unmodified or modified audit opinion – in some cases, however, the auditor issues a disclaimer of opinion. What does it mean when the auditor issues a disclaimer of opinion and therefore does not express an audit opinion? This does not necessarily mean that the annual financial statements are incorrect. However, the auditor was unable to obtain sufficient and appropriate audit evidence to form an audit opinion. Thus, there is no sufficiently reliable basis for assessing whether the figures are accurate.
Employee retention measures – RSUs (Restricted Stock Units) within corporate groups
In a labor market where employee retention is a challenge for companies, bonuses and salary increases reward short-term performance, while share-based instruments can increase employees' interest in the company's development and its results. Thus, some international corporations have expanded their employee retention measures in Romania by granting RSUs (Restricted Stock Units) to local employees. Employee interest has led to a strengthening of employment relationships, as the right to shares requires the fulfillment of certain conditions and the completion of a vesting period.
PPWR - New Obligations for Packaging
Companies must pay particular attention to the new requirements regarding packaging and packaging waste from 12 August 2026, as Regulation (EU) 2025/40 (Packaging and Packaging Waste Regulation - PPWR) will come into force. PPWR is directly applicable in all Member States and covers all companies that place packaged products on the market.
Renewable Energy: New Benefits for Self-Generation of Electricity in Romania
On July 23, 2026, Law No. 160/2026 (“Law 160”), amending the Energy Law No. 123/2012 (“Energy Law”), was published; it took effect on July 26. Law 160 clarifies and updates the legal and tax framework for the self-generation of electricity from renewable sources in the context of the 2030 climate targets. It substantially amends the Energy Law by expanding the definition of “prosumer,” clarifying compensation mechanisms (net metering), and introducing new options for utilizing small installations up to 27 kW. For companies with existing or planned on-site photovoltaic generation — particularly industrial companies, real estate developers, and operators of business and logistics parks — this has practical implications for current and future investments.
“EU-Inc” – A Uniform and Simple European Corporate Structure in the Works
In March 2026, the European Commission launched an initiative aimed at significantly simplifying company formation and management in the EU to strengthen the competitiveness of the single market. Under current Single Market regulations, founders are generally entitled to conduct their business activities throughout the European Union. Nevertheless, they are currently faced with 27 different national corporate laws and numerous different legal forms. Depending on the applicable local law, this can result in the process of starting a business taking weeks or months and incurring high consulting and administrative costs. Small businesses, and innovative ones in particular, are held back as a result. As a result, the EU is preparing a new European corporate structure — known as “EU Inc.” — that is designed to be easy to establish and manage. The primary goal of the initiative is to support startups and innovative companies — at the same time, EU Inc. is open to all founders in principle. However, no legislation is currently in effect; EU Inc began as a proposal from the European Commission and is currently being reviewed by the Council and the European Parliament.
New Land Registry Regulations for Future Residential Units
This article follows up on our previous post, “Buyer Protection in Real Estate Transactions—the ‘Nordis Law,’” on the new legal framework for transactions involving future residential units. A key aspect of this was the preliminary division of residential units: the creation of land registers for future apartments. ANCPI Regulation 293/2026, which establishes the procedure for registering future buildings and registering their future units in the land registry, has been in effect since March 8, 2026. This change is important because it assigns an official land registry identification number to every residential unit still under construction even before completion. This promotes transparency and prevents multiple sales of the same residential unit. However, the preliminary subdivision serves disclosure and identification only and is not a guarantee of the completion of the project or the developer’s financial solvency.
How Government Digital Systems Process Employee-Related Data
The digitization of public administration has significantly changed the way information about employees is handled. Employees can access most data regarding employment relationships, social security contributions, and insurance status directly through the government agencies’ electronic platforms. These systems do not operate in isolation; rather, they reflect a continuous flow of data that moves from the employer to government agencies and then to the employee.
New State Aid Programs for Industry and Research in Romania
Back in February, the Romanian government announced new state aid programs for corporate investments - initially seven, but shortly thereafter the list was expanded to nine programs. Although the next government’s plans are still unknown, two of these nine programs have already been developed to the point where they can be launched in the foreseeable future. For both programs, the current government has planned to provide 150 million euros in state aid annually for the period 2026–2032.
Document Review by the Tax Authority – Why a Minor Audit in Romania Can Become Costly
The so-called “document review” (Romanian: control documentar) has evolved into a frequently used, document-based tax audit in Romanian practice. Today, it often goes beyond a mere plausibility check and sometimes effectively carries the same weight as a comprehensive tax audit—albeit without the latter’s procedural safeguards and formalities.