Question 1

Can foreigners buy property in Romania?

Accepted Answer

Yes, with conditions: EU/EEA citizens can freely buy buildings, apartments, and land (agricultural land since 2014). Non-EU citizens can buy buildings and apartments directly, but can only acquire land through a Romanian company (SRL). We handle the optimal structuring — direct purchase for EU citizens or SPV setup for non-EU investors.

Question 2

What is the property purchase process in Romania?

Accepted Answer

Steps: 1) Property identification & price negotiation, 2) Legal due diligence (land registry, urban certificate, encumbrances), 3) Pre-contract (antecontract) with deposit (typically 10%), 4) Obtain necessary certificates (fiscal, energy, urban), 5) Final sale-purchase contract at notary public, 6) Land registry registration (intabulare). Timeline: 2-8 weeks depending on documentation readiness.

Question 3

What due diligence is needed before buying property in Romania?

Accepted Answer

Essential checks: Land Registry extract (extras de carte funciară) for ownership and encumbrances, urban planning certificate (certificat de urbanism) for permitted use, fiscal certificate (no outstanding property taxes), building permit verification, environmental compliance, litigation check against the property, and verification of seller's legal capacity. We provide a comprehensive due diligence report.

Question 4

What taxes apply to real estate transactions in Romania?

Accepted Answer

Buyer costs: notary fees (0.5-2% of value), land registry fee (0.15%), legal assistance, and stamp duty. Seller costs: capital gains tax — 3% if sold within 3 years, 1% if held longer (for individuals). VAT (21%) applies to new buildings (first delivery, within 2 years of completion). Property tax: 0.08-0.2% for residential, 0.2-1.3% for commercial, payable annually.

Question 5

How does the Romanian Land Registry (Carte Funciară) work?

Accepted Answer

Romania uses a real property registration system managed by ANCPI/OCPI. Each property has a unique cadastral number and land registry entry (carte funciară) recording: ownership, encumbrances (mortgages, liens), servitudes, and restrictions. Registration is mandatory for all transactions and creates opposability against third parties. We handle all land registry procedures.

Question 6

Can I buy agricultural land in Romania as a foreigner?

Accepted Answer

EU citizens: Yes, freely since January 2014 (after 7-year post-accession transition). Non-EU citizens: Cannot buy agricultural land directly, but can acquire it through a Romanian company (SRL). Pre-emption rights apply: co-owners, neighbors, tenant farmers, and the Romanian state have priority purchase rights (30-day notification period). We navigate the pre-emption process.

Question 7

What should I know about buying an apartment in Romania?

Accepted Answer

Key considerations: verify the developer's track record and permits, check the condominium regulation (regulament de condominium), review HOA obligations and fees, ensure proper utilities connections, verify parking/storage allocation, check for any encumbrances. For off-plan purchases, we include milestone-based payment schedules and completion guarantees in the contract.

Question 8

How do I structure a real estate investment in Romania?

Accepted Answer

Common structures: 1) Direct purchase (simplest, for individual properties), 2) SPV (SRL) — most popular for tax optimization and liability protection, 3) Joint venture with local partner, 4) Real estate fund. SPV benefits: 1% micro-enterprise tax on rental income, easier exit via share sale (avoiding notary/transfer costs), and liability limitation. We advise on the optimal structure.

Question 9

What are the rules for commercial leases in Romania?

Accepted Answer

Romanian commercial leases are governed by the Civil Code. Key provisions: no minimum/maximum duration (typically 3-10 years), rent can be in EUR (common for commercial), indexation clauses (CPI or fixed %), tenant improvements require landlord consent, early termination requires contractual provisions, and landlord's lien applies by default. We negotiate favorable terms including break clauses, renewal options, and fit-out contributions.

Question 10

Do I need a lawyer to buy property in Romania?

Accepted Answer

While not legally mandatory (notary handles the transaction), independent legal representation is strongly recommended for foreign buyers. A lawyer provides: independent due diligence (vs. the notary's limited checks), contract negotiation protecting your interests, verification of seller representations, coordination with authorities, and risk identification that a notary review alone won't cover. Our fees are typically 0.5-1% of transaction value.

Real Estate Lawyer Romania

Our Real Estate Services

Property Due Diligence

Purchase & Sale Contracts

Real Estate Development

Commercial Leases

Real Estate Investment

Land Registry (Carte Funciară)

Frequently Asked Questions

Personalized Legal Consultation