How Foreigners Can Buy and Own Land in Romania

Buying property in Romania as a foreigner has become much easier since the country joined the European Union. However, the rules differ depending on your citizenship and the type of property.

Buy Land in Romania

EU/EEA† Citizens

Since 2012, citizens of EU and EEA countries can buy real estate in Romania—including land—for use as a secondary residence, under the same conditions as Romanian citizens. Starting from 2014, they also gained the right to purchase agricultural land, forests, and forest land.

Legal Regulation

According to Article 4 of Law no. 312/2005, a citizen of a Member State who is not resident in Romania, a stateless person not resident in Romania with domicile in a Member State, as well as a non-resident legal entity established in accordance with the legislation of a Member State, may acquire ownership rights over land for secondary residences or secondary offices after a period of 5 years from Romania’s accession to the European Union (January 1, 2007). By Member State, the law refers to any country of the European Union or the European Economic Area. This period was completed on January 1, 2012.

Article 5 of the same law also provides for the possibility of the above-mentioned foreign citizens to acquire ownership rights over agricultural land, forests, and forest land after a period of 7 years from Romania’s accession to the European Union. This period was likewise completed on January 1, 2014.


Table 1 – EU/EEA Countries whose private citizens can freely acquire land in Romania under current law

EU CountriesEU CountriesEU CountriesEEA (non-EU)
AustriaFranceNetherlandsIceland
BelgiumGermanyPolandLiechtenstein
BulgariaGreecePortugalNorway
CroatiaHungaryRomania
CyprusIrelandSlovakia
Czech RepublicItalySlovenia
DenmarkLatviaSpain
EstoniaLithuaniaSweden
FinlandLuxembourgMalta

Note:
Only citizens of the above 27 EU member states and 3 non-EU EEA countries (Iceland, Liechtenstein, Norway) can directly acquire land in Romania.

Non-EU/EEA Citizens

Foreigners from outside the EU/EEA including United Kingdom (England, Scotland, Wales, Northern Ireland), can acquire land in Romania only if a reciprocity agreement exists between Romania and their home country. If no such agreement is in place, they may still buy buildings (such as houses or apartments) but only obtain a superficies right†† over the land beneath them, valid as long as the building exists.


Companies

Legal entities—whether Romanian or foreign—may acquire real estate in Romania as long as it serves the purpose of their registered business activity and complies with Romanian law.


Legal Framework

  • Law no. 312/2005 regarding the acquisition of ownership of private property by foreign citizens and stateless persons, as well as by foreign legal entities.
    • Art. 4 – grants EU/EEA citizens and legal entities the right to acquire land for secondary residences/offices, starting 5 years after Romania’s EU accession (1 January 2012).
    • Art. 5 – extends these rights to include agricultural land, forests, and forest land, starting 7 years after accession (1 January 2014).
    • Art. 6 – states that citizens of third countries (non-EU/EEA) may acquire land in Romania only on the basis of reciprocity treaties. In the absence of such treaties, they may acquire only buildings, together with a superficies right over the underlying land.
  • Romania’s EU Accession Treaty (2007) – sets transitional periods for full land ownership rights by EU/EEA citizens.
  • Constitution of Romania, Art. 44(2) – provides that “Foreign citizens and stateless persons may acquire private ownership of land only under the conditions resulting from Romania’s accession to the European Union and from other international treaties.”

EEA stands for European Economic Area.
It brings together the EU Member States plus three non-EU countries: Norway, Iceland, and Liechtenstein.
This allows those countries to participate in the EU’s single market (free movement of goods, services, people, and capital) without being full EU members.

†† The superficies right†† is a division of the property right over the land, granting use of the land to the holder of the superficies for the duration of the building’s existence.

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