Real estate due diligence for apartment or land purchases in Romania, including non-resident buyers
This service is for individuals, families, companies and investors who want to know what they are buying before they sign and pay. We review the legal record, the technical and registration documents, the seller side and the transaction structure, then explain what should be fixed before the pre-contract, before completion and before registration.
When you need this
- You plan to buy an apartment, house or land plot and want a legal review before paying a deposit.
- You are a non-resident and need a practical roadmap for documents, powers of attorney and remote signing.
- The property has an older title history, heirs, co-owners, court decisions or restitution risk.
- There are inconsistencies between the land registry, cadastral documents and the actual situation on site.
- You are buying land and need zoning, access, utilities and use restrictions checked in advance.
- The seller is a company and you need confirmation on representation, corporate approvals and authority to sell.
- The transaction involves agricultural land outside built-up areas or another asset with special statutory filters.
- You want to reduce the risk of later disputes, failed registration, hidden encumbrances or unusable land.
What we do in practice
- We define the transaction objective first: home purchase, investment, development, personal acquisition or purchase through a company or attorney-in-fact.
- We review the ownership documents and the chain of title to identify gaps, invalid links or documents that need to be regularised.
- We analyse the land registry excerpt for mortgages, litigation notes, interdictions, easements and other burdens.
- We compare the tabular data with cadastral plans and with the actual property description, including access and boundaries.
- For land, we review use category, zoning documents, visible buildability constraints and any special acquisition regime.
- We examine the draft pre-contract or sale agreement: price, deposit, conditions precedent, long-stop dates, penalties and remedies.
- We identify missing documents and corrective steps that should be completed before signing or before full payment.
- We summarise the result in a practical risk list with red flags, deal points and recommended next actions.
Documents and information useful for the first review
| Document | Why it matters | Notes |
|---|---|---|
| Land registry excerpt for information | Shows the registered owner, encumbrances, notes and prohibitions | Use a recent excerpt matched to the review date |
| Title deed and relevant prior transfer documents | Allows us to test the chain of title and the way the property was acquired | Heirship, partition or court documents may also matter |
| Cadastral documentation and plans | Helps verify surface area, identification and consistency with the actual property | Especially important for land and altered properties |
| Zoning information or urban planning certificate | May change the practical value of the land and the intended use | Usually critical for development or extension plans |
| Access, utilities and easement documents | Clarifies whether real use matches what is being sold | Very important for land and properties with complex access |
| Seller identification documents and draft agreement | Shows who signs, in what capacity and on what terms | For companies, representation and corporate papers may be needed |
Risks and common mistakes
- Relying only on the viewing, the broker’s description or a short excerpt without a real legal review.
- Paying a deposit before ownership, encumbrances and deal conditions are clear.
- Treating the land registry excerpt as enough without checking title deeds and source documents.
- Ignoring access, utilities or zoning when buying land.
- Signing one-sided clauses on deadlines, release of funds, penalties or refund mechanics.
- Assuming the same acquisition rules apply to all foreign buyers and to every type of land.
- Leaving unclear who must cure missing documents, bear costs and complete pre-signing formalities.
Frequently asked questions
Can a non-resident buy an apartment in Romania?
Often yes, but the analysis depends on the asset structure and on whether the transaction also involves land. Land acquisition may trigger additional checks compared with buying a building or apartment alone.
Why is the land registry excerpt not enough by itself?
Because a serious due diligence review also checks the title chain, cadastral documents, access, zoning, utilities, corporate authority and any mismatch between documents and reality.
Can I sign remotely through a power of attorney?
In many situations yes, but powers of attorney and foreign documents must be prepared correctly for use in Romania. The issuing state, form and content all matter.
What is reviewed in addition when the asset is land?
In practice the focus expands to land category, zoning, access, utilities, boundaries, agricultural status and any special acquisition regime that may apply.
What if heirs or co-owners are involved?
We do not proceed on assumptions. We identify who must participate, which documents are missing and whether the file can be cleaned before signing or should be restructured.
How long does the review take?
It depends on the asset type, the quality of the documents and the complexity of the history. A simple apartment file moves differently from land with old documents, heirship issues or cadastral inconsistencies.
Contact
The information is general and does not replace legal advice. Facts, documents and chronology matter.
Relevant internal links
Sources
- Romanian Civil Code (Law No. 287/2009, republished)
- Law No. 7/1996 on cadastre and land registration
- ANCPI Order No. 600/2023 on cadastral and land registry filings
- Law No. 312/2005 on private land ownership by foreign citizens, stateless persons and foreign legal entities
- Law No. 17/2014 on sales of agricultural land outside built-up areas
- Law No. 10/1995 on quality in construction
- Law No. 50/1991 on construction authorisations
- ANCPI
- TFEU Article 63 on the free movement of capital
- TFEU Article 64 on restrictions relating to third countries
