Have you ever considered investing in a real estate project? To ensure a successful investment, it’s crucial to understand the significance of the Technical Documentation for Obtaining a Construction Permit (D.T.A.C.). This comprehensive document is more than just a formality; it’s a fundamental step in the construction process.

Building a residential complex involves a complex interplay between various professionals: architects, surveyors, site managers, notaries, developers, and real estate agents. Each brings unique skills and knowledge, working together to create a high-quality building that adheres to all relevant regulations.

In this article, we’ll explore how the D.T.A.C. can safeguard your investment. You’ll learn about the role of each specialist involved in creating this document and how it impacts both the construction phase and the eventual sale of the property.

What is D.T.A.C. and why is it important?

The Technical Documentation for Obtaining a Building Permit ( D.T.A.C.) is essentially a building’s identity card. It contains all the technical information about the construction, from its location to specific details like the number of floors, usable areas, and utility connections.

The D.T.A.C. is composed of three main parts: the structural design, the architectural design, and the installation design. After verifying that these documents comply with local urban planning regulations, the authorities issue a building permit. Thus, the  D.T.A.C. becomes an official document that must be strictly adhered to throughout the construction process.

Any construction is related to the land on which it is located. The land on which the building will be constructed must be correctly identified, with its dimensions, shape, area, and boundaries being relevant details when preparing the  D.T.A.C. technical project. Therefore, the architect will request from the developer a topographic survey of the property, with the actual situation on the ground, executed in the Stereographic 1970 projection system and the Black Sea 1975 altimetric system, highlighting the terrain’s contour lines, existing fencing, access roads, and existing utilities in the area.

Based on the topographic survey, the architectural design, a central element of the  D.T.A.C., establishes the geometry of the building, the internal spatial organization, and its relationship with the surrounding environment. The architect defines crucial details such as setbacks, built-up areas (on the ground, developed, useful), levels, zero level, utility connections, internal circulations, the number of parking spaces, and the percentage of green spaces. All these elements are established in accordance with urban indicators and legal setbacks. The project includes site plans, level plans, facades, and sections, as well as a detailed technical memorandum.

The role of each specialist in building a residential complex

Architect: Designs the project, ensuring compliance with regulations and establishing the boundaries of each unit.

Surveyor: Conducts land measurements and creates topographic and cadastral plans, providing an accurate representation of the property.

Construction Manager: Oversees the construction work, ensuring that the building is constructed according to the D.T.A.C. project.

Notary: Authenticates the deeds of sale, ensuring the legal framework of the transaction.

Real Estate Agent: Provides accurate information to clients about the property and guides them through the purchasing process.

Developer: Is responsible for coordinating all these activities and ensuring that the project is faithfully implemented on the ground, avoiding any unjustified discrepancies or modifications compared to the initial D.T.A.C. documentation.

Why is collaboration essential?

Complementary expertise: Each specialist brings unique knowledge and skills, and through collaboration, a comprehensive vision of the project is achieved.

Efficiency: Effective communication and coordination among specialists accelerates the development of the D.T.A.C. and significantly reduces the time required to obtain the construction permit.

Quality: By pooling expertise, a benchmark project is obtained, which meets all technical standards and fully meets the client’s needs.

Regulatory compliance: Compliance with all applicable regulations is ensured by the review and approval of the project by each specialist.

D.T.A.C. and its impact on cadastral documentation

As mentioned, the architectural project is an integral part of the D.T.A.C. It provides a detailed description of the building’s shape, external arrangements (parking, green spaces), and the division of interior spaces.

Compliance with urban planning regulations is essential to ensure the project’s functionality and legality.

Urban planning indicators such as POT/CUT: The limits imposed by these indicators, such as the minimum number of parking spaces per apartment and the mandatory percentage of green spaces in relation to the number of residents, directly influence how parking and green spaces are designed.

Setbacks from property boundaries: Non-compliance with these setbacks can make it impossible to register the construction in the Land Registry.

Parking design: Reducing the size of parking spaces to fit more spaces in a given area can create functional problems and prevent their individual registration.

A common practice in the real estate sector is the separate sale of parking spaces, often to apartment buyers. Developers also offer, in some cases, the possibility of purchasing an adjacent plot of land, usually for ground floor occupants. These practices generate the need to subsequently divide the property to allow for the issuance of individual Land Registry titles for each lot (parking or courtyard).

Concrete example:

To meet the ever-growing demand for housing, developers, in collaboration with architects, often go to the maximum limits of CUT and POT, resulting in a large number of apartments and, consequently, parking spaces. However, to comply with the minimum number required by current regulations, parking spaces in the site plan are reduced in size compared to the standard size (for example, 2.5×5 meters for 90-degree parking or 2.0 x5 meters for lateral parking), resulting in parking spaces that are too small to accommodate a car.

To meet the standards imposed by regulations and the developers’ desire to optimize space, architects explore alternative solutions for parking arrangements, such as parking spaces under building cantilevers. These solutions, while ingenious, can involve additional costs and may require special permits.

Frequent legislative changes and a lack of effective communication between specialists often lead to situations where real estate agents make promises about selling parking spaces located in structurally restricted areas that cannot be registered as separate lots in the Land Registry, thus generating misunderstandings and potential future disputes.

It is important for both buyers and sellers to be aware that not all parking spaces can be owned individually due to the building’s technical constraints.

How does the D.T.A.C. influence the subdivision of a property?

The D.T.A.C. is essential for the subdivision process as it serves as the reference point to determine exactly what can be subdivided and how.

The technical documentation (D.T.A.C.) plays a crucial role both at the stage of registering the construction and at the stage of subdivision or apartmentation. The cadastral office rigorously verifies whether the data in the initial project corresponds to the actual construction. Any discrepancies can lead to the rejection of the documentation and delays in the subdivision, apartmentation, and subsequent sale of the property.

According to legal provisions (Article 130 paragraph (5) of ODG 600), the subdivision of a property can be carried out without the need to obtain a specific urban planning certificate, provided that the number of lots in the cadastral documentation coincides with that in the building permit or in the annex plan of the technical documentation. Thus, if the initial project and the execution of the works are compliant, the subdivision procedure is simplified.

The manner in which the technical documentation (D.T.A.C) is prepared has a direct impact on the possibility of subsequently subdividing a part of a property.

According to ODG 600, Article 131: “A part of the land on which a condominium is located cannot be subdivided if this operation affects the access routes to the condominium or affects the normal use of the condominium.”

This means that you cannot subdivide a part of a common area if this would affect the access of other owners or would limit in any way the normal use of the common areas.

Concrete example:

Imagine you live on the ground floor and want to have a private courtyard. However, if there is a cantilever above your apartment, the land under this cantilever remains the common property of all tenants. Thus, to reach your courtyard, you must cross an area that belongs to everyone, which limits your right to fence or partially appropriate this space, as it remains a common good subject to the use of all.

Let’s take the example of two apartments on the ground floor: apartment B and apartment C. If apartment C has direct access to a private courtyard, without any constraints, apartment B only has access to the courtyard through a common area, located under a building cantilever. This situation creates a significant difference in terms of comfort and privacy for the two owners.

The impact of the D.T.A.C. on sales and the future owner

We’ve explored in detail how the Technical Documentation for Obtaining a Construction Permit (D.T.A.C.) influences the subdivision process of properties and the importance of collaboration between various specialists. Now, let’s focus on an equally important aspect: the impact of the D.T.A.C. on sales and the life of the future owner.

Why is the D.T.A.C. important for a buyer?

A detailed D.T.A.C. provides both the buyer and the owner with the certainty that the property complies with all applicable regulations, clearly specifying the boundaries of each unit and the possibilities for modification without violating the law. This eliminates any potential ambiguities and future disputes, ensuring a safe and transparent transaction.

How can a D.T.A.C. affect a sale?

The D.T.A.C. can significantly prolong the sales process, creating frustration for both the seller and the buyer, especially if the property includes a parking space or a plot of land adjacent to the dwelling that is located in structurally restricted areas and cannot be registered as a separate property in the Land Registry.

The D.T.A.C. is an essential document that influences both the construction process and the subsequent sale and use of a property. Close collaboration between all parties involved in creating the D.T.A.C., as well as careful attention to this document by buyers, can prevent many problems and ensure a safe and transparent real estate transaction.

If you are looking for a surveying firm to support you in your construction project, DTG is the ideal partner. With vast experience in the field and a team of passionate specialists, DTG offers you personalized and efficient solutions for all your surveying needs. Contact us today and discover how we can contribute to the success of your project!