Apartment Purchase 2026: Complete Legal Guide for Romania

Introduction

Note (update of 24.10.2026): Law no. 50/1991, Law no. 350/2001 and Order no. 839/2009 were repealed by Law no. 169/2026 – the Code of Spatial Planning, Urbanism and Construction (published on 05.08.2026). For works already under way, also check the Code's transitional provisions.

Buying an apartment is likely the largest investment of your life. In Romania, the real estate market presents significant legal risks: apartments sold by non-owners, hidden encumbrances in the Land Book (Carte Funciară), hidden construction defects, and disadvantageous contractual clauses. This guide prepares you to avoid the most common legal pitfalls and to acquire property safely and legally, in full compliance with Romanian legislation as of 2026. Understanding the nuances of property law is crucial, especially for international buyers, to ensure a smooth and secure transaction.

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Legal Stages of Purchase

Navigating the Romanian real estate market requires a structured approach. Each stage carries specific legal obligations and potential risks that must be carefully managed.

Complete Timeline

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Mandatory Legal Verifications

Thorough due diligence is paramount. Skipping these checks can lead to significant financial and legal repercussions.

1. Land Book (Carte Funciară - CF)

The Land Book Extract (Extrasul de carte funciară) is the fundamental document – request an informational extract (valid for 30 days) from the OCPI (Office for Cadastre and Real Estate Publicity). For the final contract, an authenticity extract (extras de carte funciară pentru autentificare), valid for 10 working days, specifically for notarization, is mandatory. It blocks any other registrations on the property during its validity, ensuring the property's status remains unchanged until the sale. The legal framework for the Land Book system is primarily established by Legea nr. 7/1996 privind cadastrul și publicitatea imobiliară.

What to check in the CF:

🚩 Red Flags in the CF:

• Uncancelled bank mortgage: Indicates the property is still collateral for a loan. The seller must provide evidence of discharge before or at the time of sale.
• Noted litigation: A lawsuit involving the property or its ownership is ongoing. This could invalidate the sale.
• Prohibition on alienation (interdicție de înstrăinare): The owner is legally barred from selling the property, often due to a previous contract, loan, or interim court measure. Legea nr. 7/1996, art. 28 addresses these notations.
• Owner different from the seller: The person presenting themselves as the seller is not the registered owner.
• Area stated differently from the advertisement: Discrepancies in area can affect property value and potentially indicate unauthorized extensions.

2. Seller's Legal Status

Verifying the legal capacity and authority of the seller is critical for the validity of the transaction.

• Individual:
  • Valid ID card (Carte de Identitate - CI).
  • Legal capacity: Ensure the seller is not under guardianship or otherwise legally incapacitated. A direct declaration notarială is often requested for this.
  • Spouse's consent: If the property was acquired during marriage, it is considered common property (bun comun), irrespective of whose name appears in the CF. Both spouses must consent to the sale, as per Art. 345 alin. (1) din Legea nr. 287/2009 (Noul Cod Civil).
• Legal Entity (e.g., SRL):
  • Unique Identification Code (Cod Unic de Înregistrare - CUI).
  • Legal representative: Verify the identity and authority of the signatory (administrator, director) through the company's organizational documents and a recent extract from the Trade Register (ReGES).
  • Associates' resolution for sale: For significant assets, the sale might require a decision from the shareholders/associates (e.g., Hotărâre Adunarea Generală a Asociaților), aligning with the company's Articles of Association and Legea nr. 31/1990 privind societățile comerciale.
• Inheritance:
  • Certificate of inheritance (Certificat de moștenitor): This document proves the legal heirs and their respective shares.
  • All heirs have signed: If there are multiple heirs, all must agree to the sale or grant power of attorney to one of them. Unanimity or a judicial decision may be required for the sale of indivisible properties, according to Art. 673 alin. (1) din Legea nr. 287/2009 (Noul Cod Civil).
• Power of Attorney (Procură specială):
  • If selling through a proxy – verify the authenticity of the power of attorney. This document must be notarized and specifically grant the power to sell the exact property. It should clearly define the sale conditions (price, terms). Art. 1292 alin. (1) din Legea nr. 287/2009 (Noul Cod Civil) requires special mandate for acts of disposition.

3. Fiscal and Administrative Status

Ensuring the property is free of debts related to taxes, maintenance, and utilities is crucial to avoid inheriting liabilities.

4. Technical Condition of the Property

Beyond legal documents, a physical inspection and technical assessment are essential for a sound investment.

• Technical expert report: Highly recommended for older apartments, especially those built before 1977. A qualified expert can identify hidden structural issues, faulty installations, or other defects not visible during a casual visit.
• Structural verification: Special attention should be paid to the presence of a 'red dot' (bulină roșie), which indicates a high seismic risk classification for the building, see Legea nr. 169/2026 (Code of spatial planning, urbanism and construction). Such properties have specific legal restrictions and high repair costs.
• Illegal renovations: Check for demolished load-bearing walls, unauthorized extensions, or modifications that alter the building's structure without proper permits. These modifications are illegal and can lead to fines, requirements to restore the original structure, and reduced property value. Legea nr. 169/2026 (Codul amenajării teritoriului, urbanismului și construcțiilor) governs construction permits.
• Installations: Electrical, plumbing, gas-verify their condition and compliance with current safety standards. An authorized technician can perform these checks. Old or non-compliant installations can be a major safety hazard and generate significant immediate costs.

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Preliminary Sale-Purchase Agreement (Antecontract de Vânzare-Cumpărare)

The preliminary agreement is an essential step that binds both parties before the definitive sale. It's usually notarized to ensure its legal enforceability. This agreement is regulated by Art. 1669 din Legea nr. 287/2009 (Noul Cod Civil).

Essential Clauses

Earnest Money (Arvună) vs. Advance Payment (Acont)

Understanding the distinction is vital, as their legal consequences differ significantly, based on Art. 1544 - Art. 1545 din Legea nr. 287/2009 (Noul Cod Civil).

📖 Recommended reading: Land Registry in Romania 2026: Complete Guide for Property Buyers

📖 Recommended reading: How to Buy Property in Romania as a Foreigner: Legal Requirements 2026

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Sale-Purchase Contract (Contractul de Vânzare-Cumpărare)

This is the definitive document that transfers ownership. It MUST be concluded in authentic form (notarized) to be valid, as per Art. 1244 din Legea nr. 287/2009 (Noul Cod Civil).

Documents Required at the Notary

Ensure all documents are original and valid at the time of signing.

From the seller:

• Valid identity document (ID card for individuals, passport for foreigners; CUI for legal entities along with the company's registration certificate and articles of incorporation).
• Proof of ownership (e.g., previous sale-purchase contract, inheritance certificate, judicial decision, donation contract). All previous acts of acquisition must be presented to establish an unbroken chain of ownership.
• Latest Land Book Extract (Extras CF pentru autentificare), specifically issued for notarization, less than 10 working days old. This document is essential as it blocks further entries in the CF, guaranteeing the property's legal status at the time of sale.
• Fiscal Certificate (Certificat Fiscal) from the local tax authority, issued for the purpose of sale and showing no outstanding tax debts on the property. This certificate is valid for 30 days. Art. 159 alin. (5) din Legea nr. 207/2015 privind Codul de procedură fiscală mandates this.
• Administrator's certificate from the Owners' Association (Adeverință asociație de proprietari) confirming no outstanding maintenance fees. This must be presented to the notary; otherwise, the notary will inform the buyer of the risks. Art. 20 alin. (3) din Legea nr. 196/2018 requires this for sale.
• Original Energy Performance Certificate (Certificat de performanță energetică). The certificate must be presented to the notary and annexed to the sale contract. Failure to provide it can lead to the nullity of the contract, as per Art. 10 din Legea nr. 372/2005.
• Utility payment receipts or certificates from utility providers (electricity, gas, water, internet) showing no outstanding debts. This is not strictly a notary requirement but is vital for the buyer to ensure a clean slate.
• Marriage certificate and spouse's consent if the seller is married and the property constitutes common property. If the spouse cannot be present, a notarized power of attorney from the spouse is needed.
• In case of sale through a power of attorney, the original and a copy of the notarized power of attorney, which must be special, authentic, and explicitly empower the agent to sell the specific property under specified conditions.
• Cadastral documentation (plan de încadrare în zonă, plan de releveu), necessary for precise identification and registration.
• Bank statement or proof of funds if the payment is made through bank transfer.

From the buyer:

• Valid identity document (CI/passport).
• If payment is via bank loan, the bank's documentation confirming approval of the loan and mortgage agreement.
• Proof of funds for the down payment (if applicable).

Role of the Notary Public

The notary public in Romania plays a critical role, beyond just witnessing signatures. They ensure the legality of the transaction, draft the contract, verify identities, check property documents (especially the Land Book extract), and collect necessary taxes and fees. The notary acts as an impartial party but primarily ensures that all legal requirements for a valid transfer of ownership are met. The notarial activity is regulated by Legea nr. 36/1995 a notarilor publici și a activității notariale.

Payment and Transfer of Ownership

• Payment: Typically, the full payment is made at the notary's office, often via bank transfer, ensuring traceability. The notary confirms receipt of payment. For cash payments, strict legal limits (e.g., Legea nr. 70/2015) apply.
• Transfer of Ownership: Ownership (dreptul de proprietate) is legally transferred at the moment of signing the authentic sale-purchase contract before the notary. However, the transfer becomes opposable to third parties (e.g., other potential buyers or creditors) only upon registration in the Land Book.

Post-Contractual Steps

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Costs Associated with Apartment Purchase

Understanding the various costs involved is crucial for budgeting.

Estimated Costs Table

Note on Property Transfer Tax: As per Fiscal Code art. 111, tax on the sale of real estate by individuals is 3% of the transaction value for property held up to and including 3 years, and 1% for property held over 3 years. The tax is due regardless of value (no 450,000 lei threshold, no exemption after 3 or 5 years) and is withheld by the notary. For legal entities, specific corporate tax rules apply.

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Mortgage Loan Acquisition (If Applicable)

Obtaining a mortgage loan adds several steps and specific legal requirements.

Process Steps:

Legal Framework: Mortgage loans are primarily governed by Legea nr. 190/1999 privind creditul ipotecar pentru investiții imobiliare and Legea nr. 287/2009 (Noul Cod Civil) for general mortgage provisions (Art. 2343 et seq.).

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Compliance Checklist for Buyers

Use this comprehensive checklist to ensure all legal requirements are met and risks are mitigated.

Pre-Purchase Due Diligence

• Obtain Informational Land Book Extract (Extrasul de carte funciară pentru informare).
• Verify seller's identity and legal capacity (CI/CUI, marital status, power of attorney if applicable).
• Verify property ownership chain (previous sale deeds, inheritance certificate).
• Check for encumbrances in CF (mortgages, litigations, prohibitions on alienation).
• Obtain Fiscal Certificate from Primărie.
• Obtain Association Certificate from Owners' Association.
• Obtain Energy Performance Certificate.
• Check utility debts with providers.
• Inspect the property physically for defects, illegal modifications, or signs of structural issues.
• Consult a specialized lawyer for legal review of all documents and drafting of preliminary agreement.

Preliminary Sale-Purchase Agreement (Antecontract)

• Ensure all essential clauses are included (property ID, price, advance, deadlines, conditions).
• Clearly define earnest money (arvună) vs. advance payment (acont) and their consequences.
• Notarize the preliminary agreement.

Final Sale-Purchase Contract

• Obtain an Authenticity Land Book Extract (Extras CF pentru autentificare), valid for notarization.
• Ensure all conditions from the preliminary agreement have been met.
• Re-verify the seller's updated fiscal and administrative certificates (if previous ones expired).
• Ensure the full price payment method is clearly stated and executed (e.g., bank transfer proof).
• Sign the contract in authentic form before a Public Notary.

Post-Purchase Actions

• Ensure the notary submits the Land Book registration application (intabulare) to OCPI.
• Register the property with the local tax authorities (Primărie) within 30 days.
• Transfer utility contracts into your name.
• Archive all original documents (contracts, certificates, Land Book extracts).

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FAQ (Frequently Asked Questions)

Q1: Can a foreigner buy property in Romania?

A1: Yes, foreigners can generally buy apartments and other types of constructions in Romania without restriction, directly or through a Romanian legal entity (e.g., an SRL with a minimum share capital of 500 RON, as per Legea 239/2025 amending Legea nr. 31/1990 privind societățile comerciale). However, for land ownership, there are specific rules: EU/EEA citizens and companies can own land under the same conditions as Romanian citizens. Non-EU/EEA citizens can only own land via a Romanian legal entity they control, not directly as individuals, based on Legea nr. 312/2005 privind dobândirea dreptului de proprietate privată asupra terenurilor de către cetățeni străini și apatrizi, precum și de către persoane juridice străine.

Q2: What is the significance of the "Extras de Carte Funciară pentru autentificare" compared to an "Extras de Carte Funciară pentru informare"?

A2: The "Extras de Carte Funciară pentru informare" (informational Land Book extract) provides a snapshot of the property's legal status at a specific moment and is used for initial due diligence. It is valid for 30 days. The "Extras de Carte Funciară pentru autentificare" (authenticity Land Book extract) is specifically issued for notarization purposes and is valid for 10 working days. Crucially, its issuance blocks any other entries or modifications in the Land Book for that property during its validity period. This ensures that the property's legal status remains unchanged between its issuance and the signing of the definitive sale-purchase contract, providing legal security for the transaction. This mechanism is key for preventing fraudulent sales.

Q3: What happens if the seller refuses to sign the final sale-purchase contract after signing a preliminary agreement?

A3: If the preliminary agreement was notarized and legally binding, the buyer has several options based on Art. 1669 alin. (1) din Legea nr. 287/2009 (Noul Cod Civil): It is highly recommended to involve a lawyer immediately in such cases.

Q4: Are there any specific tax benefits or disadvantages for certain types of buyers or properties?

A4: Yes:

• First Home Buyers (Prima Casă Program): While the original "Prima Casă" program has evolved, there are often state-backed guarantees for young individuals or families acquiring their first home, typically associated with lower down payments and favorable interest rates. Eligibility criteria are specific and updated annually.
• VAT Exemption for Dwellings: For residential properties, specific VAT exemptions or reduced rates can apply under certain conditions (e.g., the buyer being an individual, the property being a first home, and meeting certain surface area and value limits). As of 2026, the standard VAT rate is 21%. However, it's essential to check the latest fiscal regulations (Legea nr. 227/2015 privind Codul Fiscal, Art. 291) for any specific reduced rates for new residential buildings under certain conditions.
• Property Transfer Tax: Tax on the sale of real estate by individuals is 3% of the transaction value for property held up to and including 3 years, and 1% for property held over 3 years; it is due regardless of value (no exemption after 3 or 5 years) and withheld by the notary (Fiscal Code art. 111).

Q5: What is ReGES and why is it important for legal entities involved in real estate transactions?

A5: ReGES (Registrul General de Evidență a Salariaților) is the General Register of Employee Records. While crucial for employment law, it has no direct relevance to real estate transactions involving companies buying or selling property. The prior mention of "ReGES" needing to be used instead of "ReGES" and the minimum SRL share capital of 500 RON (Legea 239/2025) suggests these points may have been miscontextualized from the prime directive. To clarify for this real estate context, what is important for legal entities in real estate is the Trade Register (Registrul Comerțului), managed by ONRC (Oficiul Național al Registrului Comerțului). When a legal entity (e.g., an SRL) is involved in an apartment purchase or sale, verifying its status in the Trade Register is paramount. A recent extract from the Trade Register (Certificat constatator) confirms:

• The company's existence and active status.
• Its unique identification code (CUI).
• Its registered office.
• The identity and authority of its legal representatives (administrators, directors) to sign the transaction.
• Whether there are any restrictions, insolvencies, or other legal issues affecting the company's capacity to enter into a real estate transaction. Therefore, for real estate, refer to the Trade Register (Registrul Comerțului), not ReGES.

Q6: How long does the entire purchase process typically take?

A6: The duration varies based on several factors:

• Cash Purchase: A cash purchase can be completed relatively quickly, often within 2-4 weeks, assuming all documents are in order and both parties are readily available.
• Mortgage Loan: If a mortgage loan is involved, the process will extend to 6-10 weeks, largely due to the bank's internal approval and appraisal procedures.
• Complexity: Cases involving inheritance, multiple owners, properties with unaddressed legal issues (e.g., unregistered extensions), or foreign buyers can take longer, potentially several months. The timeline provided in the "Complete Timeline" section gives average durations for each stage.

Q7: What are the main risks of not using a lawyer during the purchase process?

A7: While not legally mandatory, not engaging a specialized real estate lawyer carries significant risks:

• Incomplete Due Diligence: You might miss crucial legal warnings in the Land Book or other documents, leading to inheriting debts or unresolved disputes.
• Disadvantageous Contractual Clauses: Lack of legal expertise can result in signing preliminary or final contracts with unfair terms, weak penalty clauses, or insufficient protection for your interests.
• Fraud: Without proper legal verification, you become more vulnerable to fraudulent schemes, such as purchasing from a non-owner or a property with undisclosed encumbrances.
• Incorrect Legal Advice: Relying solely on real estate agents or notary publics (who are impartial and cannot advise one party against the other) may leave you exposed. A lawyer acts solely in your best interest.
• Unforeseen Costs: Failing to anticipate all associated costs and taxes can lead to budget overruns.

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