Who Can Own Property in Romania: A Complete Guide for Foreign Buyers in 2026

1. The Legal Framework for Property Ownership in Romania

Romanian property ownership is constitutionally protected. Article 44 of the Romanian Constitution guarantees the right to private property and provides that foreign citizens and stateless persons may acquire land under conditions arising from Romania’s EU membership, international treaties based on reciprocity, organic law, and through legal inheritance. The Romanian Civil Code governs property rights, including ownership, co-ownership, usufruct, and superficies. Law No. 312/2005 is the key statute regulating the conditions under which foreign citizens and foreign legal entities may acquire land in Romania.

The fundamental distinction in Romanian property law — and the one that matters most for foreign buyers — is between buildings and land. Buildings (apartments, houses as structures, commercial premises) can be freely acquired by any person, regardless of nationality. Land — the physical plot of earth — is subject to restrictions that depend on the buyer’s citizenship or the company’s country of registration. This distinction runs through every section of this guide.

All property rights in Romania must be recorded in the Land Book (Cartea Funciară), maintained by ANCPI through its local offices (OCPI). A property transfer is effected through a notarially authenticated sale-purchase agreement (contract de vânzare-cumpărare) and becomes fully opposable to third parties upon registration in the Land Book.

2. What Types of Property Can Foreigners Acquire?

The legal regime depends not only on the buyer’s nationality but also on the composition of the property. A house purchase almost always includes land. An apartment includes a proportional share of the land under the building. A parking space may be a separate cadastral unit with its own land component. The buyer must analyse the cadastral structure of the specific property — not just the property type in general terms.

3–7. Rights by Nationality: Romanian, EU, EEA, Swiss, and Third-Country Citizens

Romanian Citizens and Residents

Romanian citizens and Romanian legal entities can acquire all types of real property — buildings, urban land, agricultural land, and forest land — subject to general legal requirements. Married couples acquire property as joint marital property (comunitate de bunuri) unless a prenuptial agreement provides otherwise. Co-ownership (coproprietate) is governed by the Civil Code and requires the consent of all co-owners for disposal. Agricultural land sales are subject to pre-emption rights (drept de preempțiune) held by co-owners, neighbouring farmers, tenants, and the Romanian state.

Rights of European Union Citizens

Law No. 312/2005 provides that citizens of EU member states may acquire land in Romania on the conditions applicable to Romanian citizens. This means full and equal access to all types of property — apartments, houses with land, commercial buildings, urban plots, and agricultural land. No special permit is required. No SRL is needed. No additional taxes apply.

The practical implication is significant: a German, French, Italian, Spanish, Dutch, Polish, or other EU citizen looking to buy a house with its land parcel, or a plot for construction, can do so in their own name, as a natural person, through the standard notarial procedure — exactly as a Romanian citizen would. The EU citizenship eliminates the land restriction entirely.

For agricultural land, EU citizens are subject to the same pre-emption procedure as Romanian buyers: the seller must notify co-owners, neighbouring farmers, tenants, and the state of the intended sale, and these parties have priority purchase rights within specified timeframes. This is not a restriction on EU buyers — it applies equally to all buyers, including Romanian nationals.

Rights of EEA Citizens: Norway, Iceland, Liechtenstein

Law No. 312/2005 defines ‘member state’ to include EEA states — Norway, Iceland, and Liechtenstein. Citizens and legal entities of these countries are therefore treated under the same regime as EU citizens for the purposes of acquiring land in Romania. They can purchase buildings, land, and agricultural property on the conditions applicable to Romanian nationals.

The Position of Swiss Citizens

Switzerland is neither an EU nor an EEA member state. Swiss citizens do not automatically benefit from the EU/EEA regime under Law No. 312/2005. The right of a Swiss citizen to acquire land in Romania depends on the applicable international agreements between Romania and Switzerland, the principle of reciprocity, and the specific type of property.

Swiss citizens can freely acquire buildings — apartments, houses (structures), and commercial premises — as can any foreign national. For land, a specific legal analysis is required: does an applicable bilateral treaty or reciprocity arrangement permit the acquisition? The answer may differ depending on the type and location of the land. A Swiss buyer should not assume EU-equivalent rights and should obtain a legal opinion before committing to a transaction involving land.

Rights of Non-EU / Non-EEA Citizens (Third-Country Nationals)

This category covers citizens of the United Kingdom (post-Brexit), the United States, Canada, Israel, Turkey, Ukraine, Moldova, Serbia, and countries across Asia, the Middle East, Africa, and Latin America.

The general rule under Law No. 312/2005 is: citizens and legal entities of third countries may acquire land in Romania on the conditions established by international treaties, on the basis of reciprocity. Where no applicable treaty or reciprocity arrangement exists, direct personal acquisition of land is not possible.

Buildings: no restriction. Third-country nationals can purchase apartments, house structures, and commercial premises on the same terms as Romanian citizens. There is no foreign-buyer surcharge, no special tax, and no additional permit.

Land: restricted. Third-country nationals generally cannot acquire land directly in their personal name. The restriction applies to urban plots, the land underneath a house, agricultural land, and forest land. The standard solution is to purchase through a Romanian SRL — a well-established, entirely legal structure in which the individual owns the company and the company owns the land.

UK CITIZENS AFTER BREXIT. Following Brexit, UK citizens are classified as third-country nationals under Romanian law. A UK citizen can freely buy an apartment or a commercial unit. A UK citizen cannot directly buy land in their personal name and must use an SRL for transactions involving land — including house purchases where the land parcel is part of the transaction.

8–23. Specific Property Types and Scenarios

Can Non-EU Citizens Buy Apartments?

Yes — but with a necessary clarification. An apartment is a self-contained cadastral unit within a multi-unit building. Ownership of the apartment includes a proportional share of the common parts of the building — staircases, corridors, roof, basement, elevators — and a proportional share of the land under the building. This land share is accessory to the apartment: it follows the apartment automatically and cannot be separately transferred or encumbered.

In standard practice, Romanian notaries process apartment sales to non-EU citizens without difficulty, treating the accessory land share as part of the apartment unit rather than as a separate land acquisition. However, the buyer should not make a universal assumption. The cadastral structure of the specific property should be verified: is the apartment registered as a self-contained unit? Does the land share follow it as an accessory? Are there any unusual land registry notations? A brief review of the Land Book extract answers these questions before any deposit is paid.

Can Foreigners Buy Houses and Villas?

Buying a house almost always means buying land. Unlike an apartment — where the land share is accessory and indivisible from the unit — a house typically sits on a specific, individually registered land parcel. The buyer acquires the house structure and the land together.

For EU and EEA citizens, this presents no complication: they can buy both the house and the land directly. For non-EU citizens, the land restriction applies. The standard solutions are: purchasing the house structure personally and the land through an SRL; or purchasing both through an SRL. The chosen structure should be determined with a lawyer and tax adviser before any commitment — not improvised at the notary’s office.

Additional house-specific checks include: verifying the land boundaries against the cadastral plan; confirming legal access to a public road; checking for easements and servitudes; verifying that all structures (the house, any extensions, outbuildings, garages) are covered by a building permit; and confirming utility connections.

Ownership Through a Romanian SRL

The Romanian SRL (Societate cu Răspundere Limitată — limited liability company) is the standard vehicle through which non-EU citizens acquire land in Romania. The key characteristics: a foreign national can be the sole shareholder and the sole administrator (director) of a Romanian SRL; the SRL, as a Romanian legal entity, can acquire any type of property — buildings, urban land, agricultural land, forest land — without restriction; the individual owns the company, the company owns the property.

Establishing an SRL costs approximately €500 to €1,500 and takes one to two weeks. The company requires ongoing maintenance: monthly or quarterly accounting, annual tax filing, corporate compliance obligations, and — if inactive — potential dormancy or dissolution requirements. The property tax rate for company-owned property is higher than for individually owned residential property (0.2–1.3% versus 0.08–0.2%). Rental income is subject to corporate tax, and distribution to the individual requires dividend tax.

The SRL should not be created automatically simply because the buyer is a foreigner. For an EU citizen buying an apartment, personal ownership is simpler and cheaper. For a non-EU citizen buying a house with land, the SRL is a necessity. For a serious investor with multiple properties, the SRL may offer tax advantages. The decision requires a comparative tax analysis before the first deposit.

Can Foreign Companies Own Romanian Property?

A Romanian SRL with foreign shareholders is a Romanian legal entity — it can acquire any property without restriction, regardless of the shareholders’ nationality. A company registered in another EU or EEA member state can acquire property in Romania on the same conditions as Romanian companies, under Law No. 312/2005. A company registered in a third country (non-EU, non-EEA) can acquire buildings without restriction; for land, the same treaty and reciprocity requirements apply as for third-country individuals.

Foreign companies purchasing Romanian property must provide: company registration documents (apostilled and translated); board or shareholder resolutions authorising the purchase; identification of the signatory and proof of authority; identification of ultimate beneficial owners; a Romanian tax identification number (CUI); and compliance with anti-money-laundering documentation requirements. A foreign company owning Romanian property may also trigger permanent establishment considerations and Romanian tax obligations on rental income or capital gains.

Agricultural Land (Extravilan)

Agricultural land outside the built-up area (teren extravilan) is subject to a stricter regime than urban property. The sale of agricultural land triggers mandatory pre-emption rights: co-owners, neighbouring farmers, agricultural tenants, young farmers, and the Romanian state have the right to purchase on the same terms, in a prescribed order and within specified timeframes. The seller must notify these parties through the local town hall (primărie), and the sale can proceed to a third-party buyer only after all pre-emption holders have declined or the statutory period has expired.

EU and EEA citizens can buy agricultural land through this procedure — the same applies to Romanian buyers. Non-EU citizens face the additional land ownership restriction and would typically acquire through a Romanian SRL, which must itself comply with the pre-emption procedure. Agricultural land may also carry restrictions on resale within a specified period after purchase, minimum cultivation requirements, and limitations on conversion to non-agricultural use.

Forest Land

Forest land is subject to the Forest Code and additional environmental protections. Ownership carries obligations: maintenance of forest cover, compliance with logging regulations and reforestation requirements, access restrictions, and environmental liabilities. Pre-emption rights apply to forest land sales, similar to agricultural land. The buyer’s right to build on forest land is severely limited or prohibited. Any foreign buyer considering a forest purchase should treat it not merely as a property transaction but as an acquisition of a regulated natural asset — requiring specialist legal and environmental advice.

Urban Land (Intravilan)

Urban land — classified as intravilan (within the built-up area) — is the most commonly transacted type of land for construction and development purposes. EU and EEA citizens can acquire urban land directly. Non-EU citizens must use an SRL. Crucially, the right to own urban land does not automatically confer the right to build. The urbanistic certificate (certificat de urbanism) defines the permitted building parameters — height, footprint, setbacks, permitted use. A plot without road access, without utility connections, or in a zone where the desired construction is not permitted has limited practical value regardless of ownership.

Inheritance of Romanian Property by Foreigners

The Romanian Constitution and Law No. 312/2005 explicitly provide that foreign citizens may acquire land through legal inheritance (moștenire legală). This is a significant exception to the land restriction: a non-EU citizen who inherits land from a Romanian property owner acquires valid ownership of that land — in their own name, without the need for an SRL.

However, a distinction exists between legal inheritance (succession by operation of law, based on family relationship) and testamentary inheritance (succession by will). Law No. 312/2005 specifically references legal inheritance. Whether testamentary inheritance benefits from the same treatment requires careful legal analysis of the specific circumstances. The inheritance must be formally processed — typically through a Romanian notarial succession procedure or through recognition of a foreign succession certificate — and the heir’s ownership must be registered in the Land Book.

Joint Purchase by Spouses of Different Nationalities

International couples — where one spouse is an EU citizen and the other is a non-EU citizen — face a particular challenge when purchasing property that includes land. The EU-citizen spouse can acquire land directly; the non-EU-citizen spouse cannot. If the couple purchases jointly under Romanian marital community rules, the land component may require structuring through an SRL for the non-EU spouse’s share, or the property may be acquired in the sole name of the EU-citizen spouse with appropriate marital property agreements.

Romanian law requires that the seller and the notary verify the marital status of the buyer and, if the buyer is married, whether the purchase constitutes joint marital property. The consent of the non-purchasing spouse may be required. For international couples, the applicable matrimonial property law (which may be Romanian or foreign, depending on the couple’s choice of law or habitual residence) adds further complexity. Legal advice specific to the couple’s situation is essential.

Purchase by Minors

Romanian law permits property to be registered in the name of a minor. However, the minor cannot act independently: the transaction must be conducted by the minor’s legal representative (parent or guardian). Depending on the value and nature of the transaction, court or guardianship authority approval may be required. The source of funds must be documented. Subsequent sale of the property while the owner remains a minor is subject to additional protective restrictions. This is a niche scenario — but it arises in estate planning and family wealth structuring.

Stateless Persons

Law No. 312/2005 addresses stateless persons (apatrizi) separately. A stateless person whose habitual residence is in an EU or EEA member state, or in Romania, may acquire land under conditions similar to EU citizens. A stateless person residing in a third country is subject to the same restrictions as third-country nationals. The key variable is place of residence, not citizenship (which, by definition, is absent). Documentation proving stateless status and habitual residence is required.

Diplomats, International Organisations, and Special Categories

Diplomatic missions, consular posts, and international organisations may acquire property in Romania under bilateral or multilateral agreements, subject to reciprocity and approval by the Romanian Ministry of Foreign Affairs. Staff of international institutions may have specific rights under headquarter agreements or status-of-forces arrangements. These purchases fall outside the standard commercial property transaction framework and require case-specific legal analysis.

Parking Spaces, Garages, and Storage Units

A parking space or storage room (boxă) in a residential development may be registered as a separate cadastral unit with its own Land Book entry — or as part of the common property of the building. When registered as a separate unit, it is independently transferable and may include a land component. A non-EU buyer should verify the cadastral structure: is the parking space transferred as ownership or merely as a contractual right of use? Does it have its own cadastral number? Does it include a land share? The answers determine whether the land restriction applies and whether a separate transfer instrument is needed.

Ownership in New-Build Developments

In a new-build development, the buyer’s ownership right arises upon execution of the notarial sale-purchase contract and registration in the Land Book — not upon payment of the purchase price. Until the notarial contract is signed and registered, the buyer has a contractual right (from the preliminary contract) but not an ownership right. The apartment’s cadastral unit, its share of common parts, and its share of the land under the building must all be properly established and registered. The Nordis Law (2025) requires pre-registration of apartments before off-plan sale, improving buyer protection — but the buyer should still verify that registration has actually been completed.

Commercial Property

Foreign nationals — both EU and non-EU — can purchase commercial property (offices, retail units, hotels, warehouses, industrial buildings) without restriction on the building itself. If the transaction includes land, the standard nationality-based rules apply. Commercial property purchases frequently involve VAT (recoverable by VAT-registered buyers), higher property tax rates (company ownership), and additional regulatory requirements: operating permits, environmental compliance, fire safety certification, and — for hotels and restaurants — specific licensing. Commercial transactions are typically more complex and higher-value than residential ones, warranting correspondingly thorough legal and technical due diligence.

Property Ownership Does Not Grant Residency

This is one of the most important clarifications for foreign buyers. Purchasing property in Romania — regardless of its value, type, or location — does not automatically confer a visa, a residence permit, permanent residency, or Romanian citizenship. Property ownership is an asset right. Residency is a migration right. The two are legally independent.

Non-EU citizens who wish to reside in Romania must obtain a residence permit through the appropriate immigration procedure — which may involve demonstrating a purpose of stay (employment, business, study, family reunification), sufficient financial means, health insurance, and other conditions. Property ownership may support a residence application (as evidence of ties to Romania and financial means), but it is not sufficient on its own. Similarly, property ownership does not create Romanian tax residency — tax residency depends on the duration and nature of the individual’s physical presence in Romania and their centre of vital interests.

How Property Ownership Is Registered and Protected

Property ownership in Romania is registered in the Land Book (Cartea Funciară), maintained by ANCPI through local OCPI offices. Each property has a unique cadastral number and a Land Book entry containing three sections: property description (Part I), ownership (Part II), and encumbrances (Part III). Registration is constitutive for transfers after 2023 and is opposable to third parties from the date of registration. The buyer should verify, after every transaction, that the Land Book accurately reflects their name, the property description, and any encumbrances. An updated Land Book extract is the definitive proof of ownership.

Documents Required from Foreign Buyers

Individual buyers: valid passport; Romanian tax identification number (NIF); marital status certificate or declaration; power of attorney (if not attending in person) — notarially authenticated, apostilled, and translated into Romanian; proof of source of funds.

Company buyers: company registration extract; articles of association; shareholder or board resolution authorising the purchase; identification of the signatory and proof of authority; identification of ultimate beneficial owners; company’s tax identification number (CUI); all documents apostilled and accompanied by certified Romanian translations.

26. How to Determine Your Right to a Specific Property: A Practical Algorithm

27. Common Mistakes by Foreign Buyers

• Assuming the same rules apply to apartments and houses. An apartment purchase is typically straightforward for any nationality. A house purchase involves land — triggering the land restriction for non-EU buyers.
• Not analysing the land share under an apartment. In standard cases, the land share is accessory and follows the apartment. In unusual cases — atypical cadastral structures, ground-floor commercial conversions — the land component deserves verification.
• Creating an SRL without a tax comparison. An SRL has higher property tax rates, ongoing accounting costs, and corporate compliance obligations. It should be created when necessary (non-EU + land) or advantageous (multiple investment properties), not as a default.
• Treating the UK as an EU member state. Post-Brexit, UK citizens are third-country nationals. The land restriction applies.
• Not verifying reciprocity for third-country nationals. The right to acquire land depends on bilateral treaties and reciprocity — which vary by country and may change. A legal opinion is essential.
• Buying agricultural land without the pre-emption procedure. Pre-emption rights apply to all buyers, including Romanian nationals and EU citizens. Skipping the procedure can invalidate the sale.
• Assuming property ownership grants residency. Ownership is an asset right; residency is a migration right. The two are independent.
• Signing a preliminary contract before confirming the right to buy. If the buyer discovers at the notary that they cannot legally acquire the land component, the deposit paid under the preliminary contract may be at risk.

Frequently Asked Questions