Property Sale Costs in Romania: A Complete Guide for Foreign Sellers in 2026

1. Can Foreign Owners Freely Sell Romanian Property?

Yes. A foreign national who owns property in Romania has the full legal right to sell it — regardless of whether they are a Romanian tax resident, regardless of whether they are physically present in the country, and regardless of their nationality. The seller does not need a residence permit, a work permit, or any special authorisation to dispose of their own property.

A foreign seller can conduct the transaction in person at a Romanian notary’s office or through a representative acting under a notarial power of attorney (procură notarială). If the power of attorney was issued outside Romania, it must bear an apostille (Hague Convention countries) or consular legalisation, and be accompanied by a certified Romanian translation. The seller needs a valid passport and a Romanian tax identification number (NIF) — obtainable from ANAF directly or through a representative.

Foreign ownership does not trigger a higher tax rate. The transfer tax, notary fees, and registration charges are identical for Romanian and foreign sellers. The differences a foreign seller encounters are procedural (document preparation, translation, apostille) and logistical (remote sale coordination, international fund transfer), not fiscal.

2. Overview of Seller’s Costs

3. Transfer Tax on Personal Property Sales

When an individual (natural person) sells property from their personal estate in Romania, a transfer tax (impozit pe venitul din transferul proprietăților imobiliare din patrimoniul personal) applies. This is the single most important mandatory cost for individual sellers.

As of 2026, the tax rates indicated by current fiscal guidance are: 3% of the transaction value for properties owned for three years or less; and 1% of the transaction value for properties owned for more than three years. The ownership period is measured from the date the seller acquired the property (as recorded in the Land Book) to the date of the sale contract.

The tax is calculated by the notary at the time of the sale-purchase agreement, withheld from the sale proceeds, and remitted directly to the tax authorities. The seller does not need to file a separate tax return for this payment — the notary handles the calculation and remittance. However, the seller should verify the calculation before signing.

Certain transactions may be exempt or treated differently: inheritance transfers, donations within the family, division of co-owned property, and certain other operations have specific fiscal treatment. These exemptions do not apply to standard commercial sales.

4. Determining the Taxable Value

The transfer tax is calculated on the transaction value declared in the notarial sale-purchase contract. However, the Romanian notarial system maintains reference values (studii de piață / grile notariale) — fiscal benchmarks for property values by location, type, and characteristics. If the declared transaction price falls below these reference values, the notary may apply the tax calculation to the higher reference value, and the fiscal authorities may scrutinise the transaction.

The practical implication is that artificially under-declaring the sale price to reduce the transfer tax is both legally risky and practically difficult. Any consideration paid outside the notarial contract (undeclared cash payments, separate arrangements) is illegal and exposes both parties to fiscal penalties and potential criminal liability. The full agreed price must appear in the notarial contract.

5. When VAT Applies to a Property Sale

For most individual sellers disposing of a single personal property, VAT does not apply. The sale of an existing (non-new) building by a private individual is generally exempt from VAT. However, several scenarios can trigger VAT obligations.

• New buildings. The sale of a new building — before first occupation or within approximately one year of completion — is a taxable supply subject to VAT at the standard rate (19%) or a reduced rate (5%) if conditions are met.
• Building land. The sale of land designated for construction (teren construibil) may be subject to VAT.
• Systematic economic activity. An individual who buys and sells multiple properties may be reclassified by the tax authorities as conducting an economic activity. If the turnover from these sales exceeds the VAT registration threshold, or if the activity meets the criteria for systematic commercial activity, the individual becomes liable for VAT — potentially retrospectively. This is a significant risk for foreign investors who purchase multiple apartments with the intention of reselling at a profit.
• Optional VAT taxation. In certain transactions between VAT-registered parties, the seller may opt to apply VAT (rather than claim the exemption), which can be advantageous when the buyer can recover the input VAT. This is primarily relevant to commercial property transactions.

A seller who is unsure whether VAT applies to their transaction should obtain a tax opinion before listing the property — the VAT status affects the effective sale price and the seller’s net proceeds.

6. Selling Property Owned by a Romanian Company (SRL)

When a Romanian SRL sells property, no individual transfer tax applies. Instead, the financial result — the difference between the sale price and the property’s tax-adjusted book value (net of accumulated depreciation) — enters the company’s taxable income. The company pays corporate tax on the profit: either microenterprise tax (1% of turnover, if the company qualifies) or standard corporate income tax (16% of profit).

VAT considerations are more complex for company sales. If the company is VAT-registered and the property was acquired with VAT deducted, a subsequent exempt sale may require a VAT adjustment (regularisation of the previously deducted input VAT). The reverse charge mechanism may apply in transactions between VAT-registered parties. These calculations require professional tax advice specific to the company’s situation.

Critically, the sale proceeds belong to the company — not to the individual shareholder. Extracting the net proceeds to the individual requires dividend distribution, which triggers dividend tax (currently 8%). The total effective tax burden of selling through an SRL and distributing the proceeds can be higher than the individual transfer tax — depending on the property’s book value, depreciation, and the company’s tax regime. Sellers should model the full tax chain before deciding to sell through the company versus exploring alternative structures.

7. Selling Property Owned by a Foreign Company

A foreign company selling Romanian property must address several additional requirements: a Romanian tax identification number; potential VAT registration (or appointment of a fiscal representative for companies outside the EU); corporate resolutions authorising the sale, translated and apostilled; identification of the signatory and proof of authority; and disclosure of ultimate beneficial owners.

The income from the sale of Romanian immovable property is generally taxable in Romania under both domestic law and most double tax treaties (which typically assign taxing rights over immovable property to the country where the property is located). The foreign company should verify the applicable double tax treaty between Romania and its country of registration to determine the tax treatment and any available credits or exemptions. Transfer of sale proceeds abroad is permitted but may be subject to anti-money-laundering documentation requirements.

8. Notary Fees and Cost Allocation

The notarial sale-purchase agreement is mandatory for all property transfers. Notary fees are calculated on a degressive scale based on the transaction value. In Romanian market practice, the main notary fee and land registry registration fee are typically paid by the buyer — but this is a convention, not a legal requirement. The parties can agree to a different allocation in the contract. The seller may incur separate notary charges for: a power of attorney, ancillary declarations, and — if the property is mortgaged — the notarial costs associated with the mortgage discharge documentation.

9. Real Estate Agency Commission

The agency commission is typically the seller’s largest commercial expense. Market practice places the seller’s commission at 2% to 3% of the transaction price, plus 19% VAT on the commission amount. On a €150,000 sale with a 2.5% commission, the seller pays approximately €4,462 (€3,750 + 19% VAT). The commission is contractual and negotiable — it should be clearly defined in a written agency agreement specifying: the commission rate; whether the mandate is exclusive or non-exclusive; when the commission becomes payable (typically at notarial signing); whether the commission is due if the seller finds a buyer independently; and the term and termination conditions.

Sellers should be particularly careful with exclusive agency agreements that include penalties for early termination or ‘tail’ clauses requiring commission payment to the original agent for a period after the contract ends, even if a different agent or the seller independently finds the buyer.

10. Legal Costs for the Seller

While legal representation is not mandatory for sellers in simple transactions, it is strongly recommended when: the property has title defects that need resolution before sale; the property is mortgaged; the seller is abroad and selling through a power of attorney; the sale involves a company; there are multiple co-owners or inheritance complications; the buyer’s preliminary contract contains onerous terms; or the transaction involves commercial property, land, or agricultural land. Legal fees for sellers typically range from €300 to €1,500 for residential transactions and higher for commercial or complex sales.

11. Documents the Seller Must Prepare

The seller is responsible for assembling the following documentation: the original title deed (contract de vânzare-cumpărare, certificat de moștenitor, court decision, or other acquisition document); current cadastral documentation; identification documents (passport, NIF); marital status documents and spousal consent if required; an energy performance certificate (certificat de performanță energetică); a fiscal certificate from the local tax authority confirming no outstanding property taxes; a certificate from the homeowners’ association confirming no outstanding debts; utility payment confirmations; the building permit and completion certificate (for houses and commercial property); documentation for any authorised renovations; and, if applicable, mortgage statements from the lending bank.

The notary will independently obtain a fresh Land Book extract (extras de carte funciară pentru autentificare) before the signing. However, gathering and verifying all other documents is the seller’s responsibility and should begin well before the intended sale date — some documents take weeks to obtain.

12. Energy Performance Certificate

Romanian law requires the seller to provide the buyer with an energy performance certificate (certificat de performanță energetică) at the time of sale. The certificate is prepared by an authorised energy auditor, classifies the property on an energy efficiency scale, and is valid for 10 years. The cost is typically €100 to €300 depending on the property type and size. Failure to provide the certificate does not invalidate the sale, but the notary will note its absence — and an informed buyer may request it as a condition of the transaction.

13. Cadastral and Technical Corrections

If the property’s physical reality does not match its cadastral records — area discrepancies, unregistered extensions, layout changes, boundary misalignments — corrective work must be completed before the sale. A licensed surveyor (inginer cadastral) prepares updated documentation for registration with OCPI. Costs range from €200 to €800 or more depending on the extent of corrections. Properties with unregistered renovations may additionally require retroactive building permits — a more time-consuming and expensive process. Without resolving material cadastral discrepancies, the notary may decline to authenticate the transaction and the buyer’s bank will refuse to accept the property as mortgage collateral.

14. Selling Mortgaged Property

A mortgaged property can be sold — the mortgage does not prevent the sale, but the discharge mechanism must be planned in advance. The standard procedure: the seller obtains a current balance statement from the lending bank; the preliminary contract specifies the mortgage and the discharge mechanism; at completion, a portion of the purchase price (equal to the outstanding mortgage balance) is paid directly by the buyer to the seller’s bank, not to the seller; the bank issues a mortgage discharge letter (scrisoare de radiere); the discharge is registered in the Land Book, removing the encumbrance.

Early repayment fees may apply — Romanian consumer credit law caps these for residential mortgages (typically 0–1% of the repaid amount, depending on the remaining loan term and the interest rate type). The bank’s processing time for issuing the discharge documentation can vary from days to weeks — the seller should initiate the process early and coordinate closely with the notary and the buyer’s lawyer.

15. Selling Through a Power of Attorney

Foreign sellers who cannot attend the notary signing in person must appoint a representative through a notarial power of attorney. The power of attorney must: be notarially authenticated (in the seller’s country of residence or at a Romanian consulate); bear an apostille or consular legalisation; be accompanied by a certified Romanian translation; specifically authorise the representative to sell this property at a stated price or within a price range; and define whether the representative may receive the sale proceeds.

For security, many sellers restrict the representative’s authority: the sale proceeds are paid directly into the seller’s personal bank account (not the representative’s), and the representative’s power is limited to signing the contract and related documents. The cost of preparing, apostilling, and translating a power of attorney is typically €200 to €500 in total, plus courier charges for sending the original to Romania.

16. Banking and Currency Transfer Costs

A foreign seller receiving sale proceeds faces practical banking costs: international wire transfer fees (both sending and receiving bank), currency conversion spreads if converting between RON/EUR/USD/GBP, and potential delays on large international transfers triggered by anti-money-laundering (AML) compliance checks. On a €150,000 transfer, currency conversion through a retail bank can cost €750 to €3,750 (0.5–2.5% spread). Specialist foreign exchange providers typically offer better rates than retail banks for large transfers.

The sale contract should specify: the currency of the transaction, the bank account to which proceeds are paid, and the moment at which the buyer’s payment obligation is considered fulfilled (wire transfer initiation versus receipt of funds). The seller should ensure their receiving bank is prepared for the incoming transfer — advance notification prevents compliance-related freezes.

17. Preparing the Property for Sale

Not all pre-sale expenditure is worthwhile. Cosmetic improvements that deliver the highest return include: professional cleaning, decluttering, minor repairs (dripping taps, chipped tiles, broken handles), fresh neutral paint in worn rooms, and professional photography for the listing. The combined cost — €500 to €2,000 — is typically recovered through faster sale and better offers. Full renovation before sale is rarely cost-effective unless the property is in very poor condition: buyers factor renovation costs into their offers, and a seller’s renovation may not match the buyer’s preferences.

18. Deposits, Preliminary Contracts, and Seller Obligations

When a preliminary contract is signed, the buyer pays a deposit — typically 10% to 30% of the price. The seller must understand their own obligations under this contract: if the deposit is characterised as an arvună (earnest deposit) and the seller withdraws, the seller must return double the amount. If it is an avans (advance) and the sale fails, the advance is simply returned. The seller should not sign a preliminary contract committing to deadlines they cannot meet — for example, a completion date that does not allow enough time to obtain missing documents, resolve cadastral issues, or coordinate mortgage discharge.

19. Selling Co-Owned or Inherited Property

Property owned by multiple co-owners (coproprietari) requires the consent of all co-owners for sale. If one co-owner wishes to sell only their share, the other co-owners have a pre-emption right (drept de preempțiune). Marital property (comunitate de bunuri) requires the explicit consent of both spouses. Inherited property that has not been formally divided among the heirs through a succession procedure cannot be sold until the succession is completed and the heirs’ rights are registered in the Land Book. Sales involving a minor co-owner require court or guardianship authority approval. Each of these situations adds time, documentation, and potential legal costs to the sale process.

20. Selling Rented Property

Under Romanian law, a lease generally survives the sale of the property — the buyer steps into the landlord’s position. The seller must inform the buyer of the existing lease, transfer the tenant’s security deposit, and resolve any outstanding rent or utility arrears. If the lease contains a pre-emption right for the tenant, the seller must offer the property to the tenant on the same terms before selling to a third party. Rental income accrued up to the date of the sale remains taxable for the seller. Management contracts, insurance policies, and service agreements tied to the property must be terminated or transferred at completion.

21. Selling New-Build or Off-Plan Property (Investor Resale)

An investor who purchased an off-plan apartment and wishes to resell before or shortly after completion faces specific considerations: the original preliminary contract with the developer may restrict or prohibit assignment (cessio) without the developer’s consent; the developer may charge an administrative fee for the assignment; if the investor has systematically bought and resold properties, the activity may be reclassified as economic activity triggering VAT obligations; and the three-year ownership clock for transfer tax purposes starts at the date of acquisition — which for off-plan purchases may be the date of the final notarial transfer, not the date of the preliminary contract.

22. Selling Land

Land sales involve specific additional procedures. Agricultural land (extravilan) triggers mandatory pre-emption rights: the seller must notify co-owners, neighbouring farmers, tenants, and the state through the local town hall, and may only sell to a third party after all pre-emption holders have declined within the statutory period. This process adds four to eight weeks minimum to the sale timeline. The sale of building land (teren construibil) may be subject to VAT. For all land sales, the seller should have an updated urbanistic certificate (certificat de urbanism) and current cadastral documentation with confirmed boundaries. If the land is to be subdivided before sale, the subdivision must be cadastrally registered before the transaction.

23. Selling Commercial Property

Commercial property sales are typically more complex and higher-value, involving: VAT (with potential reverse charge between VAT-registered parties); tenant lease assignments and due diligence by the buyer on rental income; environmental and technical audits; transfer of operating permits and licences; the choice between an asset deal (selling the property) and a share deal (selling the company that owns the property); and potentially retention of part of the purchase price pending post-completion adjustments or warranty claims. Sellers of commercial property routinely engage lawyers, tax advisers, and sometimes specialised brokers — the fees are higher but proportionate to the transaction’s complexity and value.

24. Tax Obligations in the Seller’s Home Country

The Romanian transfer tax does not necessarily satisfy the seller’s tax obligations in their country of tax residence. Most countries require their tax residents to declare worldwide income — including gains from the sale of foreign property. Whether the Romanian tax is creditable against the home-country tax depends on the applicable double tax treaty between Romania and the seller’s country of residence.

The seller should: confirm whether a double tax treaty exists; determine how the treaty allocates taxing rights over immovable property gains; obtain a certificate from the Romanian tax authorities confirming the tax paid in Romania; calculate the gain according to the home country’s rules (which may differ from Romania’s method); and file the required declaration within the home country’s deadline. Failure to declare can result in penalties, interest, and — in serious cases — criminal liability. The Romanian notary’s receipt for the transfer tax paid at signing is the key evidence the seller needs to support the foreign tax credit.

25. Post-Sale Obligations

After the notarial signing, the seller must: hand over the keys and sign a handover protocol (proces verbal de predare-primire) recording the property’s condition and meter readings; close or transfer utility contracts (electricity, gas, water, internet) — unpaid bills remain the seller’s responsibility; notify the homeowners’ association of the change of ownership; cancel property insurance policies (or transfer them to the buyer); deregister the property at the local tax authority (so that future property tax is assessed to the new owner); obtain confirmation of mortgage discharge and Land Book registration (if applicable); and retain the original sale contract and all payment confirmations — both for domestic records and for the home-country tax declaration.

26. How to Calculate Net Sale Proceeds

The seller’s net proceeds equal the sale price minus all costs and obligations. The following examples illustrate the calculation for common scenarios.

Example A: Individual Selling an Apartment After 5 Years — Sale Price €120,000

Example B: Individual Selling After 2 Years — Sale Price €95,000, Mortgage Balance €40,000

Example C: SRL Selling Property — Sale Price €200,000, Book Value €130,000

27. Common Mistakes by Foreign Sellers

• Not accounting for the transfer tax in net proceeds calculations. The tax is withheld by the notary from the sale proceeds — if the seller has not budgeted for it, the actual cash received is less than expected.
• Misunderstanding the ownership period. The three-year threshold is measured from the acquisition date in the Land Book, not from the date of the preliminary contract or the date of physical occupation.
• Missing or outdated cadastral documents. A sale cannot proceed if the cadastral records do not match the property. Corrective work can take weeks.
• Selling without spousal or co-owner consent. A transaction without the required consents can be annulled after completion.
• Assuming VAT never applies. Systematic property sales by individuals can trigger VAT obligations — potentially retrospectively.
• Signing a preliminary contract before coordinating with the mortgage bank. If the bank cannot discharge the mortgage within the agreed timeline, the seller breaches the contract.
• Receiving proceeds to a third party’s account. Proceeds should go to the seller’s own bank account, as documented in the sale contract.
• Extracting SRL sale proceeds without dividend planning. Corporate tax plus dividend tax can significantly exceed the individual transfer tax — model the full tax chain before selling.
• Not retaining documentation for the home-country tax declaration. The notarial contract and the tax payment receipt are essential evidence for claiming a foreign tax credit.

Frequently Asked Questions