Dedicated Property Lawyers in Romania for Your Real Estate Needs

Local legal landscape

Property Law in Romania: Key Points

Romania operates a civil law system where property transfers require notarial form and Land Book registration. Understanding the roles of the notary, the Land Registry, and the courts is essential. Below are the critical aspects that a property lawyer in Romania will handle for you.

Court system and property disputes

Romanian courts are organised in four tiers: local courts (judecătorii), county courts (tribunale), courts of appeal (curți de apel), and the High Court of Cassation and Justice. Property disputes are normally first heard by the local court where the property is located, with appeals to the tribunal and court of appeal. Only lawyers registered with a Romanian Bar may represent clients before the courts of appeal and the High Court.

Notarial deed and Land Book registration

Under Article 1244 of the Civil Code, any transfer of real rights over immovable property must be concluded in authentic notarial form, otherwise the act is absolutely null. The notary public verifies identity, capacity, and legality before drafting the deed. Subsequently, the right must be registered in the Land Book (cartea funciară) to become effective against third parties; registration is constitutive for the acquisition of real rights.

Forced heirship and estate planning

Romanian succession law reserves a compulsory share (rezerva succesorală) for surviving spouses, descendants, and privileged ascendants. Each forced heir is entitled to half of what they would receive under intestacy, regardless of the will. This limitation affects how you may dispose of Romanian property by will or gift. A lawyer can structure estate plans to respect these rules and minimise disputes.

Matrimonial property regime

By default, spouses are under the legal community of property regime: assets acquired during the marriage are presumed common, regardless of which spouse is named in the acquisition document. This has direct consequences when buying or selling property during marriage, or upon divorce or death. A property lawyer can advise on matrimonial agreements and the liquidation of the community before a sale.

Land acquisition by non-EU foreigners

EU/EEA citizens may acquire land in Romania on the same terms as Romanian citizens. Non-EU/EEA citizens can generally own buildings (apartments, houses) without restrictions, but acquisition of land is only permitted under conditions of international treaties and reciprocity; in practice, many non-EU buyers use a Romanian company to hold land. Legal advice is critical to structure such acquisitions correctly.

Tax implications of property transactions

Romania applies a flat 10% personal income tax on capital gains from property sales for both residents and non-residents. Buyers and sellers must also consider notary fees, Land Book registration fees, and local taxes. A property lawyer can coordinate with tax advisors to ensure compliance and optimise the transaction from a tax perspective, including obtaining a Romanian tax registration number when required.

Key time limit — Property & Real Estate Law

Actions concerning real property rights (recovery of immovables) — 10 years. Actions concerning real rights in immovable property (for example, the recovery of possession/ownership of real estate) prescribe after 10 years (Article 2519 of the Civil Code), a special term longer than the general 3-year period.

Data compiled from official Romanian legal sources and the European e-Justice portal, reviewed as of April 2025.

• European e-Justice Portal – National justice systems: Romania
• Law No 51/1995 on the exercise of the lawyer profession (with subsequent amendments)
• Civil Code of Romania (Law No 287/2009, republished)
• Government Emergency Ordinance No 80/2013 on judicial stamp fees
• Law No 53/2003 – Labour Code (with subsequent amendments)