Romanian Real Estate Transactions: Key Legal Risks
By Szilaghi Law · Updated 28 October 2026 · General information, not legal advice
The biggest legal risks in Romanian real estate deals are title defects, restitution history, a mismatch between the land book and the site, zoning that does not allow the planned use, and permits that do not cover what was built. Each can be found early and managed in the contract.
Title and land book
Check that the seller is the registered owner, that the area and boundaries match the site and that the land book is not under challenge.
Restitution history
Trace whether the property was nationalized and returned, and whether any restitution claims remain open.
Encumbrances
Identify mortgages, easements, leases, seizures and pre-emption rights.
Zoning and permits
Confirm that the planning regime allows the intended use and that existing buildings have permits and reception minutes.
Leases
For income-producing assets, check that leases are valid, registered where needed and support the valuation.
Tax
Check VAT treatment and local property taxes with tax advisers.
- Land book extract and cadastral plan
- Title chain and restitution check
- Encumbrance and litigation searches
- Urbanism certificate and zoning plans
- Building permits and reception minutes
- Lease review
- Tax review
- Relying on old extracts. Land book extracts should be refreshed just before signing and closing.
- Unregistered buildings. Buildings not registered in the land book may lack permits.
- Notary as diligence. The notary checks formalities, not commercial risk.
Does title insurance exist in Romania?
It is available but not common. Buyers rely mainly on diligence and contractual protections.
Who checks the land book at closing?
The notary obtains an extract for the sale deed, but the buyer's lawyers should review it in advance.
Tell us the decision you need to make
Describe the transaction or regulatory issue, the Romanian assets involved and your timetable.
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