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Buying Property in Romania as a Foreigner: Land Eligibility, Carte Funciară and Notarial Closing

Romanian property law requires foreign buyers to distinguish the building from the land. EU and EEA citizens can acquire land under the same framework as Romanian citizens after the statutory transition periods. A third-country buyer may face treaty and reciprocity conditions for direct land ownership.

That difference matters even when the buyer wants an apartment. Apartment ownership normally includes a share of the land and common parts. A lawyer and notary should confirm exactly which rights the buyer can acquire directly.

Buying a home does not create a Romanian residence permit.

Start with the buyer's legal category

Romania's Law no. 312/2005 separates:

The law provides EU/EEA persons access to land ownership under the same legal conditions as Romanian persons after the applicable transition periods. For third-country buyers, land acquisition depends on international treaties and reciprocity and cannot be more favourable than the EU-member-state route.

The buyer should obtain a short written eligibility opinion covering:

Do not form a Romanian company solely because an agent says foreigners “must always buy through a company.” First establish whether direct ownership is available and compare the tax, governance, accounting and exit consequences.

Use the land-book extract as the legal snapshot

Romania's National Agency for Cadastre and Land Registration, ANCPI, provides carte funciară information. The official online information extract shows the cadastral and legal situation at the time it is issued, including:

Obtain a current extract independently. The seller's old copy is insufficient for a transaction.

The file should reconcile:

Why both cadastral and legal data matter

A clean owner name does not solve:

The cadastral plan and physical property should match the notarial contract.

Verify how the seller acquired title

Ask for the seller's title chain, such as:

Romania has properties affected by historical restitution and imperfect records. A current land-book entry is central, but the buyer's legal adviser may need to assess the underlying title and litigation risk.

A low price should not override an unresolved restitution or cadastral problem.

The notarial contract controls transfer

Transfers of land and buildings require an authenticated act. The notary verifies identity, authority, documentation and registration conditions and coordinates tax and land-book steps.

The completion file may include:

The buyer should have an independent explanation of the contract before signing, particularly if the transaction documents are in Romanian.

Deposit and preliminary agreement

A preliminary sale agreement can create binding obligations. It should address:

Do not pay the full price under a private document that does not transfer registered ownership.

New buildings require a construction-compliance file

For a new or recently altered property, verify:

Compare the marketed usable area, built area and registered area. A bank valuation may exclude unregistered space.

Taxes and closing costs

Romanian transaction costs depend on the seller, buyer, property, value and VAT status. The notary calculates and collects certain taxes and fees under the current rules.

The buyer's estimate should separate:

Do not assume the seller's personal tax liability is the buyer's main acquisition tax. Ask for a written closing statement showing who legally owes each amount and who bears it under the contract.

Mortgage access for foreign buyers

Banks may lend to a foreign buyer, but eligibility can be narrower for nonresidents and foreign income.

Underwriting can examine:

Prepare:

A bank can approve the borrower in principle and later reject the collateral because the building or land file is incomplete.

Apartment association and common-property risk

For an apartment, review:

The land-book extract should be read with the condominium documents. A parking space shown in marketing may be common use rather than ownership.

Residence myths

A safe decision sequence

  1. Classify the buyer under Law no. 312/2005.
  2. Identify the building and all associated land rights.
  3. Order a current land-book extract and cadastral plan.
  4. Review the seller's title and litigation history.
  5. Verify building legality and apartment documentation.
  6. Obtain mortgage approval for the exact property.
  7. Sign only a properly conditioned preliminary agreement.
  8. Prepare notarial, tax and creditor-release documents.
  9. Sign the authenticated transfer.
  10. Register ownership and mortgage, then update tax, utilities and association records.

Sources

This article provides general information. Obtain Romanian legal, notarial, tax and mortgage advice for the specific buyer and property.