
These trends will be influenced by several objective and subjective factors, including:
Increased cost of construction materials due to the reconfiguration of supply chains and the regional crisis.
Following the outbreak of war in a neighbouring country and the application of international sanctions, supply chains have changed, making both delivery more difficult (especially from CIS countries) and increasing the cost of building materials and other components used by developers.
Tougher legal requirements for energy efficiency of buildings, including heating and cooling of houses and non-residential premises from renewable energy sources (solar, wind, geothermal), mandatory energy audits, which entails increased costs for developers and investors, respectively.
Legislative changes currently being promoted in Parliament to harmonise with relevant EU directives will amend Law No. 10 of 26.02.2016 on the promotion of energy from renewable sources, Law No. 139/2018 on energy efficiency and Law No. 92/2014 on thermal energy and promotion of cogeneration, so that all new residential buildings will have to aim for near-zero energy consumption (i.e. powered only by renewable sources) or be connected to district heating systems if located In addition, an energy performance certificate must be issued by a certified energy auditor for each building and dwelling (both new and old) for a fee, and the certificate must be displayed in a prominent place, including when such properties are advertised for sale.
Increasing the difficulty for investors to obtain a town planning certificate or building permit on the grounds that the amendments made to Law No. 163/2010 by Law No. 323/2022 (effective from 16.12.2022) require the written consent of the owner in the case of an area.
Issuers of building permits (planning certificates, building permits) issue permits only to landowners or owners of surface rights, but in the latter case only with the written consent of the owner, and if the owner is the state or administrative-territorial units (as a rule), the bureaucratic procedure for obtaining a favourable decision (from the local council) is long and complicated. Although the total number of housing construction permits issued in the country in 2023 compared to 2022 increased (mainly due to an increase in the number of permits in rural areas), in Chisinau municipality this number decreased by more than 5%, and in ATU Gagauzia - by more than 10%, but in general in 2023 there were much fewer permits issued than in 2022. The dynamics of the indicator "Construction permits" can be found at: https://statistica.gov.md/ro/autorizatii-de-construire-eliberate-pentru-cladiri-in-ianuarie-septembrie-2023-9801_60768.html The number of permits we are considering is still influenced (to a greater extent) by the town planning certificates issued under the old law, until 16.12.2022, when no additional consent of the land owner (for the super beneficiary) was required;
Stricter conditions for developers to apply the new rules of the Civil Code after modernisation, in particular, restrictions on full payment of the price until commissioning, the obligation to acquire ownership of the land on which the project is being built, as well as other formalities providing greater protection for investors in this type of contractual relationship (construction investment).
Construction investment contracts concluded as of 1 March 2019 are considered as contracts of sale and purchase of real estate under construction within the meaning of Article 1170 of the Civil Code, introduced by Law No. 133/2018, and are subject to the provisions of the legislation applicable to the latter contracts. In the case of investment contracts for construction concluded before 1 March 2019, which do not comply with Article 1171 paragraph (1) lit. c) of the Civil Code introduced by Law no. 133/2018, the entrepreneur, who holds only the right to lease the land with the right to build, is obliged to acquire the ownership of the land on which the structure is being built and to transfer it to the investors no later than the moment when the structure is put into operation (Article 42 of Law no. 1125/2002).
According to Article 1171 of the Civil Code, the contract of sale of immovable property under construction must specify:
a) the cadastral number of the object under construction;
b) the number and date of issue and expiry of the construction permit on the basis of which the seller carries out construction or ensures construction of the contract object; identification data of the construction object;