By obtaining a Land Book extract (extras de carte funciară) from the local cadastre office (OCPI) or through the ANCPI electronic system (eTerra). The extract shows the registered owner, the property’s description, and all encumbrances. Always obtain a fresh extract — never rely on a copy provided by the seller.
How to Avoid Property Fraud in Romania: A Complete Guide for Foreign Buyers in 2026
Fake Sellers, Forged Powers of Attorney, Hidden Mortgages, Illegal Construction, Problematic Developers, Fictitious Agents, Unsafe Deposits — and the Step-by-Step Due Diligence That Protects Your Investment
A practical guide for foreign investors and buyers purchasing property in Romania in 2026 — why foreign buyers are particularly vulnerable, the most common fraud schemes in the Romanian property market, how to verify the seller’s identity and authority, how to read and interpret the Land Book (Cartea Funciară), checking the chain of ownership, detecting mortgages and third-party rights, verifying cadastral data against physical reality, confirming construction legality, investigating developers, understanding preliminary contract risks, making deposits safely, checking real estate agents, why the notary’s verification is not enough, verifying court cases and insolvency, land acquisition rules for foreigners, checking property debts, technical inspection, document preparation, secure payment procedures, red flags that should stop a transaction, what to do if fraud has already occurred, and a step-by-step safe purchase checklist.
the Romanian Land Book — the single most important document in any property transaction, showing ownership, encumbrances, mortgages, court orders, and third-party rights
the Romanian notary authenticates the transaction but does not represent the buyer — independent legal due diligence is a separate and essential step
the fundamental rule of safe property purchase: never sign a preliminary contract or transfer money until an independent lawyer has verified the property and the seller
mandatory pre-registration of off-plan apartments before sale — a structural improvement in buyer protection that every foreign purchaser should verify
ABOUT THIS GUIDE: The information in this article reflects Romanian property law, registration practice, and market conditions as of mid-2026. Romanian regulations on property transactions, consumer protection, and construction are updated periodically. This guide provides general information for educational purposes — it is not a substitute for independent legal advice from a qualified Romanian property lawyer. Verify anything decision-critical with a specialist before acting. This material is for information only and does not constitute legal, tax, financial, or investment advice.
1. Why Foreign Buyers Are Particularly Vulnerable
Property fraud in Romania does not always look like a dramatic crime. It is rarely the outright sale of someone else’s building by a stranger with a fake identity card. More often, it takes subtler forms: a hidden mortgage that surfaces after closing, an apartment sold off-plan by a developer who does not own the land, a preliminary contract designed to trap the buyer’s deposit, an unauthorised renovation that makes the property unsellable, or a power of attorney that was revoked before the transaction took place.
Foreign buyers face these risks at a structural disadvantage. They typically do not speak Romanian, cannot independently read registry documents, court records, or building permits, and depend on intermediaries — agents, translators, or the seller’s representatives — for information about the property they are buying. They search for property remotely, often making decisions based on listings, photographs, and video tours rather than physical inspection and local knowledge. They are unfamiliar with Romanian notarial procedure and frequently assume — incorrectly — that the notary’s involvement guarantees a safe transaction. And they face pressure, sometimes manufactured, to pay a deposit quickly before the property is ‘taken by another buyer.’
The combination of language barriers, procedural unfamiliarity, dependence on third parties, and time pressure creates an environment where fraud — from sophisticated document forgery to simple misrepresentation — can succeed against buyers who would never fall victim in their home country. This guide exists to close that gap.
THE FUNDAMENTAL RULE. Never sign a preliminary contract and never transfer any money — not a reservation fee, not a deposit, not an advance — until an independent Romanian property lawyer, appointed by the buyer and acting solely in the buyer’s interest, has verified the property, the seller, and the transaction structure. Every fraud protection measure in this guide flows from this single principle.
2. The Most Common Property Fraud Schemes in Romania
Understanding how fraud works is the first step in recognising it. The following schemes are documented by Romanian law enforcement, property lawyers, and consumer protection agencies. Not all are common, but all have occurred and continue to occur in the Romanian market.
- Sale by a non-owner. An individual presents themselves as the owner of a property they do not own — using forged documents, an expired or fabricated power of attorney, or simply by occupying the property and presenting convincing possession. The buyer pays, the ‘seller’ disappears, and the real owner emerges to claim the property.
- Forged power of attorney. A genuine property owner exists, but someone else presents a power of attorney — either forged, revoked, or with a scope that does not cover the sale — and sells the property without the owner’s knowledge or consent.
- Double sale. The seller signs preliminary contracts with multiple buyers, collecting deposits from each, and completes the final sale with only one. In Romanian law, the buyer whose right is registered first in the Land Book generally prevails — leaving the other buyers with only a claim for damages against a seller who may have no assets.
- Hidden encumbrances. The seller conceals the existence of a mortgage, judicial attachment, court order, or lien on the property. The buyer purchases what they believe is an unencumbered asset and discovers afterwards that the property carries debts or restrictions that significantly affect its value or usability.
- Illegal construction or unauthorised renovation. The property was built without a valid building permit, or has been modified — walls removed, balcony enclosed, floor area expanded — without authorisation. The buyer inherits the illegality: potential fines, an obligation to restore the original state, inability to obtain insurance or a mortgage, and difficulty reselling.
- Fake listings with advance fee. A fictitious property is listed at an attractive price on a property portal. The ‘seller’ or ‘agent’ requests a reservation fee by bank transfer before the buyer visits the property or verifies any documents. Once the money is transferred, the listing disappears and the seller becomes unreachable.
- Fictitious or unregistered agent. An individual or entity poses as a real estate agency, collects commission and sometimes deposit payments through their account, and either disappears or claims no responsibility when problems arise.
- Payment redirection (email fraud). A buyer or their representative receives an email — apparently from the seller, the agent, or the lawyer — containing modified bank account details. The money is transferred to a fraudster’s account. This is a form of business email compromise (BEC) that is not specific to Romania but is increasingly common in cross-border property transactions.
- Restitution and inheritance claims. The property was subject to communist-era confiscation and has been returned to a former owner or heir — but the restitution process was contested, incomplete, or fraudulent. Alternatively, the property is part of an estate with multiple heirs, not all of whom consented to the sale.
- Land with undisclosed restrictions. A plot of land is sold as suitable for construction, but zoning regulations, environmental protections, utility easements, or the absence of road access make building impossible or prohibitively expensive.
- Deposit retention on pretextual grounds. The seller or developer structures the preliminary contract so that the buyer’s deposit is forfeited under conditions that appear reasonable but are designed to be triggered — giving the seller a mechanism to keep the money and resell the property.
3. Verifying the Seller’s Identity and Authority
The first layer of protection is confirming that the person offering to sell the property has the legal right to do so. This requires matching the seller’s identity to the Land Book registration and verifying their authority to transact.
- For individual sellers: compare the name on the seller’s identity document (Romanian ID card or passport) with the name of the registered owner in the current Land Book extract (extras de carte funciară). If the names do not match exactly, investigate why — a name change due to marriage, a transcription error, or an inheritance transfer may explain it, but each requires documentary proof. If the seller claims to be a co-owner, verify that all co-owners consent to the sale. If the property was acquired during marriage, Romanian law may require the explicit consent of both spouses — even if only one is registered as owner.
- For sales involving inheritance: request and review the certificate of inheritance (certificat de moștenitor) or the court decision establishing the inheritance rights. Confirm that the inheritance procedure is concluded — not merely initiated — and that the heir’s right has been registered in the Land Book. Properties in ongoing succession disputes are not safe to purchase.
- For sales through a representative (power of attorney): verify that the power of attorney (procură) is current, notarially authenticated, specifically authorises the sale of this property at this price, and has not been revoked. If the power of attorney was issued abroad, it must bear an apostille (for Hague Convention countries) or consular legalisation, and a certified Romanian translation. Contact the actual owner directly — through an independent channel, not through the representative — to confirm that the power of attorney is genuine and in force.
- For sales by a company: verify the company’s registration with the Romanian Trade Register (Registrul Comerțului), confirm that the signatory has the legal authority to act on behalf of the company (check the articles of association and any shareholder or board resolutions required for property disposals), and verify that the company is not in insolvency or dissolution proceedings.
4. The Land Book (Cartea Funciară): The Central Verification Document
The Land Book — Cartea Funciară — is the official public register of all property rights in Romania, maintained by the National Agency for Cadastre and Land Registration (ANCPI) through its local offices (OCPI). Every property in Romania that has been formally registered has a Land Book entry identified by a unique cadastral number. The Land Book is the single most important document in any Romanian property transaction.
A Land Book extract (extras de carte funciară) contains three sections. Section I (Partea I) describes the property — its location, cadastral number, area, and physical description. Section II (Partea II) identifies the owner and the legal basis of ownership — the sale contract, inheritance certificate, court decision, or other document by which the current owner acquired the property. Section III (Partea III) records encumbrances — mortgages, judicial attachments, court-ordered restrictions, easements, rights of use, registered lease agreements, pre-emption rights, and any other third-party claims.
Two types of extract exist. An informational extract (extras de carte funciară pentru informare) can be obtained by anyone and shows the current state of registrations — it is suitable for preliminary research. A notarial extract (extras de carte funciară pentru autentificare) is issued specifically for a property transaction and has a validity period of typically 10 working days — during this period, it effectively freezes the Land Book against competing registrations, providing the notary with assurance that the information is current.
ANCPI provides electronic tools (eTerra) that allow authorised users to search for properties and obtain extracts online. However, for a purchase transaction, a fresh notarial extract — obtained immediately before the signing — is essential. A copy provided by the seller, even a recent one, may not reflect registrations made after that copy was issued. The buyer’s lawyer should independently obtain or verify the Land Book extract.
LAND BOOK RULE. Never rely on a copy of the Land Book extract provided by the seller or the agent. Always obtain or verify the extract independently, immediately before the transaction. A mortgage, a court order, or a competing sale contract can be registered between the date of the seller’s copy and the date of the actual signing. The only safe extract is a current one.
5. Verifying the Chain of Ownership
The Land Book shows the current registered owner. It does not always reveal the full history of how the property arrived at the current owner’s name — and that history matters. Romanian property has a complex past. Communist-era nationalisation, post-1990 restitution to former owners and their heirs, privatisation of state housing, municipal land transfers, and multiple generations of inheritance have created ownership chains that, in some cases, contain gaps, disputes, or legally vulnerable transfers.
A thorough legal review traces the chain of ownership (lanțul de proprietate) backwards — examining each transfer for legal validity. Was the property restituted under the correct legal procedure? Was the inheritance divided among all rightful heirs, or were some excluded? Was a previous sale conducted by someone who actually had the authority to sell? Was a court decision that formed the basis of ownership subject to appeal — and was the appeal resolved?
Properties that deserve particular scrutiny include: those returned to former owners under restitution laws (where the restitution process itself may be contested); those acquired through inheritance (where unknown or excluded heirs may later claim their share); those previously owned by the state or a municipality (where the privatisation or disposal procedure may have been defective); and those that have changed hands multiple times in a short period — which can indicate either speculative flipping or an attempt to launder a defective title through successive ‘good faith’ purchases.
The chain-of-ownership review is one of the most time-intensive elements of legal due diligence — and one of the most valuable. A title defect buried two or three transfers deep can surface years after the buyer’s purchase, potentially threatening the buyer’s entire investment.
6. Detecting Mortgages, Attachments, and Third-Party Rights
Section III of the Land Book records registered encumbrances. A buyer’s lawyer should check for: registered mortgages (ipoteci) — the most common encumbrance, securing a bank loan against the property; judicial attachments (sechestre judiciare) placed by courts during litigation; prohibition of sale (interdicție de înstrăinare) imposed by a court, a fiscal authority, or contractually; easements (servituți) granting rights to neighbouring properties; rights of habitation (drept de abitație) or usufruct (uzufruct) granting someone the right to live in or use the property; registered lease agreements; pre-emption rights held by tenants, co-owners, or statutory beneficiaries; and previously registered preliminary contracts granting another buyer a contractual right to purchase.
A property can be legally sold even if it carries a mortgage — but only if the transaction structure ensures that the mortgage is repaid and discharged simultaneously with or before the transfer of ownership. In practice, this means: the buyer’s lawyer obtains the exact outstanding balance from the creditor bank, the purchase price is paid partly or entirely to the creditor bank to discharge the mortgage, the bank issues a mortgage discharge letter, and the discharge is registered in the Land Book. This is a standard procedure in Romania, but it requires careful coordination and clear contractual provisions. Paying the full purchase price to the seller and trusting them to repay the mortgage is not safe.
Not all risks appear in the Land Book. A tax debt may exist at the fiscal authority (ANAF or the local tax office) without yet being registered as a lien. A court case may be pending without a provisional notation in the Land Book. A comprehensive due diligence therefore includes not just the Land Book check but also searches at the relevant court (portal.just.ro), the fiscal authority, and the National Electronic Archive of Security Interests (AEGRM) for movable-property claims linked to the owner.
7. Verifying Cadastral Data Against Physical Reality
The cadastral plan records the property’s physical characteristics — floor area, room layout, boundaries, and position within a building or on a land plot. A critical due diligence step is comparing the cadastral records to the actual physical property. Discrepancies between what exists on paper and what exists in reality are surprisingly common in Romania and can create serious legal and financial problems.
The most frequent issues include: the usable area in the listing or the sale contract does not match the area registered in the cadastre; a previous owner enclosed a balcony, removed a wall, added a room, or expanded into common space without a building permit and without updating the cadastral records; a parking space or storage room (boxă) does not have its own cadastral number and cannot be transferred separately; land boundaries on the ground do not match the cadastral plan, creating overlaps or gaps with neighbouring properties; or the property does not have legal access to a public road.
If a discrepancy is discovered, corrective cadastral work must be completed before the transaction — a licensed surveyor (inginer cadastral) prepares updated documentation, which must be approved and registered. This takes time and costs money. In some cases, a discrepancy reveals an underlying illegality (an unauthorised extension, an encroachment on common property) that cannot be resolved through cadastral correction alone but requires a building permit or, in the worst case, demolition.
8. Verifying Construction Legality
Every building in Romania must be built under a valid building permit (autorizație de construire) issued by the local authority, and must receive a completion certificate (proces verbal de recepție la terminarea lucrărilor) confirming that the construction was executed in accordance with the permit and the approved design. For the buyer, these two documents — the building permit and the completion certificate — are the basic proof that the property exists legally.
The buyer’s lawyer should verify: that the building permit was issued by the competent authority and has not expired or been annulled; that the completion certificate exists and covers the specific unit being purchased; that the property’s actual use matches its permitted use (residential, commercial, mixed); that any subsequent renovations or modifications were authorised by a separate building permit; that utility connections (electricity, gas, water, sewage) are formally contracted and lawfully connected; and that an energy performance certificate (certificat de performanță energetică) has been issued — required for all property transactions in Romania.
Properties without a valid building permit or completion certificate present severe risks: they may not be insurable, may not qualify for mortgage financing, may be subject to demolition orders, and will be extremely difficult to resell. A building that looks perfectly solid and well-finished can be entirely illegal from a planning perspective.
9. Investigating the Developer When Buying New-Build or Off-Plan
Purchasing from a developer introduces a different risk profile. The buyer is not just purchasing a property — they are purchasing a promise that a property will be built, finished, and delivered to a specified standard. If the developer runs into financial trouble, loses the construction permit, or simply delivers a substandard product, the buyer’s investment is at risk.
A thorough developer investigation includes: verification of the company’s registration, ownership structure, and management at the Romanian Trade Register; a check for insolvency, dissolution, or restructuring proceedings at the relevant court; a financial review — is the company solvent, does it have meaningful assets, or is it a thinly capitalised special-purpose vehicle?; verification that the developer actually owns the land on which the project is being built (or has a legally binding right to it); confirmation that the building permit is valid, current, and covers the specific building and unit being sold; examination of whether the land is mortgaged to a bank (common — developers finance construction through bank loans secured against the land); a review of the developer’s track record — previous completed projects, delivery timelines, and any history of buyer disputes or litigation.
The Nordis Law (2025) introduced a critical protection for off-plan buyers: developers are now required to pre-register apartments in the Land Book before offering them for sale. This means that the apartment — even if not yet built — exists as a registered unit with a cadastral number, and the buyer’s preliminary contract can be noted against it. Buyers should verify that this registration has been completed. If a developer offers an off-plan apartment that is not registered in the Land Book, this is a significant red flag.
10. Preliminary Contract and Off-Plan Purchase Risks
The preliminary contract (antecontract) is where most financial exposure begins — and where many foreign buyers are most vulnerable. A well-drafted preliminary contract protects the buyer. A poorly drafted one — or one drafted entirely by the seller’s lawyer — can trap the buyer’s deposit and provide inadequate recourse if the transaction fails.
Key issues to verify in any preliminary contract: Is the deposit characterised as an advance (avans) or as an earnest deposit (arvună)? An avans is returned if the sale fails for any reason; an arvună is forfeited by the buyer if the buyer withdraws, but must be returned in double if the seller withdraws. The distinction has enormous financial consequences and must be explicit in the contract. Is the preliminary contract notarially authenticated? Authentication provides stronger enforceability and allows registration in the Land Book, which protects the buyer against double sale. Are the conditions for completion clearly defined — including a specific deadline, a mechanism for extension, and consequences for delay? Does the contract specify what happens if the developer fails to obtain the completion certificate, if the delivered property differs from the specification, or if construction is delayed beyond the agreed timeline? Does the buyer have the right to inspect the property during construction and before acceptance?
For off-plan purchases with phased payments, the buyer should verify: that each payment is linked to a verifiable construction milestone; that the developer’s obligation to complete construction and deliver the property is clearly enforceable; that the buyer’s payments are protected in the event of the developer’s insolvency (for example, through a bank guarantee or through the Nordis Law pre-registration); and that the contract does not permit unilateral price increases, specification changes, or assignment of the developer’s obligations to another entity without the buyer’s consent.
11. Making Deposits Safely
The deposit is the moment at which abstract risk becomes concrete financial loss. Before the deposit is paid, a problematic transaction costs the buyer nothing except time. After the deposit is paid, recovering it — from a fraudulent seller, an insolvent developer, or a legally ambiguous situation — can take years and may not succeed.
Safe deposit practice requires: never paying any amount before the buyer’s independent lawyer has completed at least a preliminary legal review of the property and the seller; paying only by bank transfer to the bank account of the contractual party (the seller or the developer as identified in the signed contract) — never to a personal account, never to a third party, and never in cash; including a clear payment reference that matches the contract; confirming bank account details directly with the seller through a verified communication channel — not solely through email, which can be intercepted and altered; ensuring that the preliminary contract clearly defines the conditions under which the deposit is refundable; and, where possible, using an escrow arrangement — either a notarial deposit (consemnare notarială) or a bank escrow account — so that the funds are held by a neutral third party until the conditions for release are met.
EMAIL FRAUD WARNING. Payment redirection fraud — where a hacker intercepts email communications and sends modified bank account details — is a growing risk in cross-border property transactions. If you receive bank account details by email, always verify them through a separate communication channel (phone call to a known number, in-person confirmation) before transferring any funds. A single unverified email can redirect your entire deposit to a criminal’s account.
12. Verifying the Real Estate Agent
Real estate agency activity in Romania does not require a professional licence in the same way that legal or notarial practice does. This means that the barrier to entry is low, and the variation in professionalism is wide. A reputable agency provides genuine value — market knowledge, property access, and transaction coordination. A disreputable or fictitious agency creates risk.
Before engaging an agent, verify: that the agency is a registered Romanian legal entity (check the Trade Register); that a written agency contract exists, specifying the services, the commission rate, when the commission becomes payable, and the conditions for termination; that the agent can demonstrate a relationship with the actual property owner (not merely a listing copied from another portal); that the commission is payable to the agency’s corporate bank account, not to an individual’s personal account; and that the agent does not discourage or prevent the buyer from engaging an independent lawyer.
Warning signs include: an agent who will not disclose the identity of the property owner; pressure to pay a commission or deposit immediately; requests for payment to personal bank accounts; a price significantly below market value (‘too good to be true’); refusal to provide a written contract; and — critically — any suggestion that the buyer does not need an independent lawyer or that the notary will ‘handle everything.’
13. Why the Notary’s Verification Does Not Replace Legal Due Diligence
This is one of the most dangerous misunderstandings among foreign buyers in Romania. The Romanian notary (notar public) plays an essential role: the notary authenticates the sale-purchase agreement, which is required for the transfer to be legally valid and registrable. The notary verifies the parties’ identities, obtains a fresh Land Book extract, checks that no registered impediments prevent the transfer, reads the contract to both parties, collects applicable taxes, and submits the transfer to the Land Book.
What the notary does not do: the notary does not investigate the chain of ownership beyond the current registration; does not search for pending court cases, fiscal debts, or insolvency proceedings; does not verify the developer’s financial health or track record; does not assess whether the building permit is valid or the construction is legal; does not advise the buyer on the fairness of the contract terms; does not negotiate on the buyer’s behalf; and does not represent the buyer’s interests. The notary is a neutral public official. The buyer’s lawyer is the buyer’s advocate.
14. Checking for Court Cases, Debts, and Insolvency
A property may appear clear in the Land Book yet be entangled in legal proceedings that have not yet resulted in a registered notation. The buyer’s lawyer should search the Romanian courts portal (portal.just.ro) for any cases involving the seller — both as a plaintiff and as a defendant — paying particular attention to property disputes, enforcement proceedings, and insolvency applications. For corporate sellers, the Insolvency Bulletin (Buletinul Procedurilor de Insolvență) should be checked for any ongoing or past insolvency proceedings.
Tax debts owed by the seller to ANAF (the National Agency for Fiscal Administration) or to the local tax authority can result in fiscal liens being imposed on the seller’s property. A fiscal certificate (certificat fiscal) from the local tax authority confirms whether the seller has outstanding property tax debts. The buyer should also request a certificate from the homeowners’ association (certificat de la asociația de proprietari) confirming that the seller has no outstanding maintenance charges, repair fund contributions, or utility debts attributable to the property.
15. Land Acquisition Rules for Foreign Buyers
The distinction between buildings and land is fundamental for foreign buyers. EU and EEA citizens can purchase both buildings and land in Romania on the same terms as Romanian nationals — with certain notification and pre-emption requirements for agricultural land. Non-EU citizens can purchase buildings directly (apartments, houses, commercial properties) but cannot acquire land in their personal name. Land must be purchased through a Romanian company (SRL).
This restriction applies to the land underneath a house, to undeveloped plots intended for construction, and to agricultural and forestry land. A non-EU buyer who identifies a house for purchase must verify whether the land and the building are registered as a single Land Book entry or as separate entries — and must structure the acquisition accordingly, typically through an SRL that acquires the land while the individual may acquire the building, or through the SRL acquiring both.
Additional land-specific checks include: confirming that the plot is classified as intravilan (within the built-up area) rather than extravilan (outside) — which affects what can be built; verifying the urbanistic certificate (certificat de urbanism) to confirm permitted building parameters; ensuring legal access to a public road; checking for utility availability (electricity, water, gas, sewage); and confirming that no environmental or heritage protections restrict construction.
16. Checking Outstanding Debts Linked to the Property
Before completing a purchase, the buyer should obtain documentary confirmation that the property carries no outstanding financial obligations. The key documents are: a fiscal certificate (certificat fiscal) from the local tax authority confirming that the property tax (impozit pe clădire) and land tax (impozit pe teren) are fully paid; a certificate from the homeowners’ association confirming no outstanding maintenance charges, repair fund contributions, or special assessments; and confirmation from utility providers (electricity, gas, water) that there are no unpaid bills linked to the property.
While utility debts and association debts generally follow the debtor (the seller) rather than the property, unresolved debts can create practical complications for the new owner — including difficulty transferring utility contracts and disputes with the homeowners’ association. The sale contract should contain a clear representation from the seller that all debts attributable to the property are fully paid as of the transfer date, and an indemnity clause obligating the seller to cover any pre-transfer debts that emerge after completion.
17. Technical Inspection and Construction Defects
Legal due diligence confirms the property’s legal status. Technical inspection confirms its physical condition. Both are necessary. A qualified construction engineer can identify: structural issues (cracks, settlement, deformation); water damage, moisture intrusion, and mould; inadequate thermal insulation or window quality; defective electrical or plumbing installations; seismic risk — particularly relevant in Bucharest, which lies in a significant seismic zone and where buildings are classified by seismic risk category (Clasa I through IV); fire safety deficiencies; and, for new-build apartments, deviations from the building specification or finish quality below professional standards.
For buildings in Bucharest, the seismic risk classification deserves particular attention. Buildings classified as Seismic Risk Class I (risc seismic clasa I) are considered to pose a public danger in the event of a major earthquake. Such buildings may be difficult or impossible to insure, may not qualify for mortgage financing, and will carry a permanent resale disadvantage. A building’s seismic classification is a matter of public record and should be verified before purchase.
18. Preparing the Foreign Buyer’s Own Documents
A foreign buyer needs: a valid passport; a Romanian tax identification number (NIF), obtainable from ANAF directly or through a representative with power of attorney; a marital status certificate or declaration — required because Romanian property law distinguishes between individual and marital community property; if the buyer cannot attend the notary signing: a notarial power of attorney, apostilled and translated into Romanian; if purchasing through a company: corporate registration documents, certificate of good standing, board or shareholder resolutions authorising the purchase, and identification of ultimate beneficial owners — all apostilled and translated.
Document preparation takes time. Apostilles can take days to weeks depending on the issuing country’s procedures. Translations must be done by a Romanian authorised translator (traducător autorizat). Starting this process early — ideally as soon as the buyer identifies a serious purchase opportunity — avoids delays at the transaction stage that can create pressure and vulnerability.
19. Secure Payment Procedures
Every payment in a Romanian property transaction should satisfy four conditions: the recipient matches the contractual party; the amount matches the contractual obligation; the payment reference identifies the transaction; and the conditions for release or return are documented in a signed agreement.
Best practice includes: paying exclusively by bank transfer — never in cash, regardless of the amount; transferring funds only to the bank account specified in the signed contract, verified through an independent channel; using an escrow arrangement (notarial deposit or bank escrow) for large deposits or phased payments; for mortgaged properties, paying the mortgage balance directly to the creditor bank rather than to the seller; documenting each payment with a bank confirmation and retaining all records; and being especially vigilant about any request to change bank account details after the contract is signed — treat such requests as potential fraud until verified.
20. Red Flags: When to Stop the Transaction
The following circumstances should prompt the buyer to pause, investigate further, and — if satisfactory answers are not forthcoming — walk away.
21. What to Do If Fraud Has Already Occurred
If a buyer suspects they have been the victim of property fraud, speed is critical. The following actions should be taken immediately and simultaneously — not sequentially.
- Stop all further payments. Contact your bank immediately and request a recall or freeze of any recent transfer — some international transfers can be reversed within a short window if the receiving bank is notified quickly.
- Preserve all evidence: every email, every message, every document, every bank confirmation, every screenshot.
- Obtain a fresh Land Book extract to determine the current registration status of the property.
- Engage a Romanian lawyer immediately — a lawyer experienced in property litigation, not a general practitioner.
- File a criminal complaint (plângere penală) at the Romanian police or the prosecutor’s office (parchet) — property fraud is a criminal offence under Romanian law.
- If there is a risk that the fraudster will dispose of assets (including the property), the lawyer can apply to the court for provisional measures (măsuri provizorii) to freeze the property and the seller’s bank accounts.
The buyer should not attempt to negotiate directly with a suspected fraudster, should not accept reassurances or promises of future resolution, and should not delay legal action in the hope that the situation will resolve itself. In fraud cases, the passage of time almost always benefits the perpetrator — assets are moved, evidence is destroyed, and the trail goes cold.
22. Step-by-Step Safe Purchase Checklist
The following checklist summarises the due diligence sequence for a safe property purchase in Romania. Each step should be completed — or at least initiated — before proceeding to the next.
Conclusion: Protection Is a Process, Not a Document
Protection against property fraud in Romania does not come from a single document, a single check, or the presence of a notary at the signing table. It comes from a systematic process of verification: verifying the seller, the ownership, the Land Book, the cadastre, the construction permits, the developer, the contract terms, the payment channel, and the registration after completion. Each layer of verification catches risks that the other layers miss.
The practical rule is simple: do not sign a preliminary contract and do not transfer any money until an independent Romanian property lawyer — working exclusively for the buyer — has verified the property and the seller. This single discipline eliminates the vast majority of fraud scenarios. It is not expensive (legal fees are modest relative to the property value), it is not slow (a competent lawyer can complete a preliminary review in days), and it is not optional for a foreign buyer operating in an unfamiliar legal system.
Romania’s property market offers genuine value. The legal framework is transparent, the Land Book system provides a reliable public register, and the introduction of the Nordis Law has significantly improved off-plan buyer protection. But no system is fraud-proof. The buyer’s own due diligence — thorough, independent, and completed before any financial commitment — is the final and most important line of defence.
How ROMANIA FOR BUSINESS SRL Can Help
ROMANIA FOR BUSINESS SRL provides comprehensive legal due diligence and transaction support for foreign buyers purchasing property in Romania. Our services include:
- Independent legal due diligence. Full verification of property title, Land Book, cadastral compliance, construction legality, and seller authority.
- Chain of ownership analysis. Tracing the property’s ownership history to identify hidden title risks.
- Developer investigation. Corporate, financial, and legal verification of developers — including Nordis Law compliance.
- Contract review and negotiation. Review of preliminary agreements and final sale contracts — with protective clauses for deposits and financing conditions.
- Notarial coordination. Document preparation, certified translations, and power-of-attorney representation.
- Post-completion verification. Confirmation of Land Book registration and completion of all post-purchase formalities.
For a consultation or to discuss your specific requirements, contact us at info@romania-for-business.com or visit romania-for-business.com.
Frequently Asked Questions
You or your lawyer can request an extract from the local OCPI office or through the ANCPI eTerra online portal. An informational extract is available to anyone. A notarial extract — required for the actual transaction — is ordered by the notary and has a limited validity period.
Yes, but the mortgage must be discharged at or before completion. The purchase price (or part of it) is paid directly to the creditor bank to repay the loan, and the bank issues a mortgage discharge document for registration in the Land Book. This requires careful coordination by the buyer’s lawyer.
The notary verifies formal requirements — identity, Land Book status, registered encumbrances — and authenticates the sale contract. The notary does not conduct a comprehensive investigation into the chain of ownership, the developer, the building permit, or the fairness of the contract terms. The notary is neutral and does not represent the buyer.
It is not a legal requirement, but it is strongly recommended for all foreign buyers. An independent lawyer investigates the property, the seller, and the transaction structure on the buyer’s behalf — covering risks that the notary’s verification does not address.
Check the Trade Register for the company’s registration and ownership. Search the courts portal (portal.just.ro) for litigation. Check the Insolvency Bulletin for insolvency proceedings. Verify that the developer owns the land and holds a valid building permit. Review previous projects and buyer feedback. Your lawyer can conduct these searches.
Only after your lawyer has conducted at least a preliminary review of the property and the seller. A reservation fee paid before any verification is money at risk. Ensure the reservation agreement clearly defines refund conditions and that payment goes to a verified corporate bank account.
Yes — without a registered preliminary contract, nothing prevents a seller from signing multiple preliminary agreements. Registering the preliminary contract in the Land Book (notare antecontract) protects the buyer against double sale.
Your lawyer can obtain a copy of the building permit from the local authority and verify its validity, scope, and whether it has been contested or annulled. The urbanistic certificate (certificat de urbanism) for the property also provides key planning information.
If the registered area does not match the actual property, corrective cadastral work is needed before the transaction — a licensed surveyor prepares updated documentation for registration. Discrepancies may also reveal unauthorised modifications that require separate resolution.
Check that it is notarially authenticated, specifically authorises the sale of the property in question, is current and not expired, and bears an apostille if issued abroad. Contact the actual property owner directly — through an independent channel — to confirm the power of attorney is genuine and has not been revoked.
Contact your bank immediately to request a transfer recall or freeze. Preserve all evidence and communications. Engage a Romanian lawyer experienced in property litigation. File a criminal complaint with the Romanian police or prosecutor. Act within hours, not days — speed is critical.
It depends on the contract terms and the circumstances. If the deposit was an advance (avans), it is generally recoverable if the sale does not complete. If it was an earnest deposit (arvună) and the buyer withdrew, recovery may not be possible. Legal action may be necessary in disputed cases.
The Nordis Law (2025) requires developers to pre-register apartments in the Land Book before offering them for sale. Buyers can register their preliminary contract to protect against double sale. These are significant improvements, but they do not eliminate all risk — independent legal due diligence remains essential.
Romania For Business SRL
Company Formation · Legal Support · Property Investment in Romania
This material is for information only and does not constitute legal, tax, financial, or investment advice.

