ROMANIA LEGAL DESK · REAL ESTATE
Purchasing Romanian real estate
A Romanian property purchase should begin with title and legal-use verification, not with a deposit. The land book is essential, but it is only one part of due diligence: cadastral identity, permits, access, seller authority, litigation and the buyer’s eligibility must also be tested.
Consultations and professional correspondence are available in Romanian or English. Other language versions of this website are provided for information.
- Core registerRomanian land book
- Closing formUsually authenticated by a notary
- Foreign buyersLand eligibility must be checked
- New-build protectionStronger rules since 2025
01 · ORIENTATION
Due diligence before reservation, promise and price
Romanian real estate may be acquired directly or through a company, but the appropriate route depends on the buyer’s nationality, the type of asset and the intended use. EU and EEA nationals and entities benefit from the statutory equal-treatment framework for land acquisition. A third-country buyer requires a separate review of treaty reciprocity, the nature of the property and any proposed Romanian corporate vehicle. Structures should be genuine and considered with tax advice, not selected merely to avoid an ownership question.
The notary authenticates the transfer and performs important closing checks, yet independent legal due diligence serves a different purpose. It investigates commercial and legal risks for the buyer, tests the seller’s representations and shapes the preliminary agreement, remedies, price mechanics and closing conditions. The review should be completed before a non-refundable payment or binding promise is signed.
02 · SCOPE
What the property work can include
- Buyer eligibility and acquisition-structure review
- Land-book, cadastral and ownership-chain due diligence
- Building-permit, completion and legal-use document review
- Pre-emption, litigation, lease, access and encumbrance checks
- Reservation, preliminary agreement and sale contract review
- Conditions precedent, escrow or staged-payment safeguards
- Notary coordination, closing checklist and post-closing follow-up
03 · INPUTS
Property file normally required
- Current land-book information and cadastral documentation
- Seller title deeds and complete ownership history
- Building authorisation, reception, energy and urban-planning documents
- Lease, utility, association, tax and litigation information
- Draft reservation, promise, financing and sale documents
04 · LEGAL ANALYSIS
Title, cadastral identity and encumbrances
The land book identifies the registered property, owner, real rights and recorded encumbrances. The review should compare it with the cadastral plan, physical reality, title deeds and the asset described in the transaction. Differences in area, unit number, boundaries, annexes or access are not cosmetic. They may require cadastral correction or other conditions before closing.
Mortgages, seizures, litigation notices, easements, surface rights, usufruct and pre-emption rights can affect use or transfer. A clean-looking information extract is time-sensitive; the notary obtains the authentication extract for closing, which temporarily blocks competing registrations. The contract should nevertheless allocate responsibility for discharge documents and define what happens if a new entry appears before signature.
The building must be lawful, not only visible
For buildings and units, due diligence extends to the building permit, approved plans, reception at completion, cadastral registration and permitted use. Alterations, extensions, closed balconies, merged units or changed functions may not match the approved documentation. The consequences can affect financing, insurance, future resale and the buyer’s planned business activity.
Access and utilities should be verified legally as well as physically. A road used in practice may be privately owned without an adequate easement. Utility capacity, shared installations, association debts and maintenance arrangements can matter for apartments and commercial assets. For income-producing property, every lease, guarantee, deposit and termination right should be reviewed against the seller’s rent schedule.
Special rules for land and future units
Agricultural land outside built-up areas is subject to the special pre-emption and administrative process under Law no. 17/2014. The status and location of the land must be confirmed early because the procedure can affect both timing and buyer eligibility. Other categories may be subject to heritage, environmental, forestry, defence or local-planning restrictions.
Law no. 207/2025 strengthened protection for buyers of future units. Among other safeguards, promises concerning a future unit are tied to an authenticated form and land-book steps following notation of the building authorisation and the required cadastral operation. Reservations are limited in duration and the reservation amount is capped at 5% of the price. Buyer funds are also subject to dedicated-project-account rules. A developer’s sales form should be checked against these current requirements rather than an older template.
Preliminary agreement, financing and closing
A reservation or promise should state exactly what must happen before the final sale: satisfactory due diligence, financing, removal of encumbrances, corporate approval, exercise or expiry of pre-emption rights and delivery of specified documents. Deposit terminology and consequences must be clear. A buyer should not assume every advance is automatically refundable if the bank refuses financing or a defect is discovered.
At closing, the parties coordinate identity and authority documents, fiscal certificates, association evidence where applicable, the land-book authentication extract, price payment and possession. Post-closing work includes land-book registration, utilities, insurance and local tax declarations. If the acquisition is made through a Romanian company, corporate approval, beneficial ownership and accounting treatment should also be aligned.
05 · DELIVERY
A buyer-controlled acquisition
Eligibility
Confirm buyer status, asset type, structure and intended use.
Due diligence
Review title, cadastre, permits, access, encumbrances and seller authority.
Protection
Negotiate the promise, conditions, deposit and documentary remedies.
Closing
Coordinate notary, payment, possession, registration and post-closing actions.
06 · TIMING
Timing follows the property file
Usually 7–15 working days for due diligenceA complete apartment file may be reviewed faster. Agricultural land, development projects, missing permits, financing or title corrections require a separate transaction timetable.
07 · FAQ
Can a foreign buyer own Romanian land?
EU/EEA buyers benefit from the statutory equal-treatment framework. Third-country cases require a specific eligibility review based on nationality, treaties, asset and acquisition structure.
Is the notary’s review enough for the buyer?
The notary performs the public closing function. Independent due diligence additionally investigates risk, negotiates buyer protections and assesses the transaction against the buyer’s intended use.
Should I pay a reservation fee before due diligence?
Only after the document and refund conditions are understood. For future units, current law also limits reservation duration and amount.
08 · PRIMARY SOURCES
Official property-law sources
Legal review: 7 September 2026. The notary, tax adviser and lender remain separate participants in the transaction.
AVOCAT BASUC
Investigate the asset before committing the price
Send the property address, land-book or cadastral details, seller documents and proposed agreement. The initial scope identifies the checks, risks and expected closing path.