Buying Property in Romania as a UK Citizen: A Complete Legal Guide
- Talpes.law
- Oct 6
- 6 min read
Updated: Oct 14
Introduction to Property Purchase in Romania. Legal restrictions for UK Citizens
For many UK citizens, Romania has become an increasingly appealing destination for real estate investment. From vibrant Bucharest apartments and seaside villas in Mamaia to picturesque homes in Cluj-Napoca, the country offers opportunities to suit every taste and budget. But while EU nationals enjoy straightforward property rights in Romania, UK citizens face a very different legal landscape after Brexit.
As non-EU nationals, UK citizens are subject to specific restrictions—particularly when it comes to acquiring land. Since no bilateral treaty between Romania and the United Kingdom currently facilitates direct land ownership, UK investors must turn to practical legal solutions, such as setting up a Romanian company or using a superficies right, which allows ownership of the building while securing usage of the land.
This guide is designed specifically for UK citizens interested in buying real estate in Romania. It will walk you through the legal framework, due diligence steps, tax obligations, and practical strategies to ensure your purchase is both compliant and secure.
Extra-urban Agricultural Land: Strict Restrictions and Eligibility Conditions for Property Purchase in Romania
According to Law No. 17/2014, selling of agricultural land located outside built-up areas is subject to a special regime. To purchase such a property in Romania, a UK citizen must meet certain cumulative conditions:
Fiscal residence in Romania or conducting agricultural activity on Romanian territory for at least five years prior to the transaction.
Compliance with the pre-emption right, granted in the legal order: co-owners, tenants, neighbouring property owners, and finally the Romanian state through the State Domains Agency.
Failure to meet these conditions may result in absolute nullity of the transaction, pursuant to art. 16 of Law No. 17/2014.
Intra-Urban Land: Restrictions and Legal Solutions via Companies (SPV) in Romania
Intra-urban land is not subject to Law No. 17/2014. However, in the absence of a bilateral reciprocity agreement, a non-EU citizen – including UK citizens as well – cannot directly acquire ownership rights.
A commonly used solution in practice is the incorporation of a Romanian limited liability company (SRL) – a Special Purpose Vehicle (SPV). In this way, the Romanian company becomes the legal owner, while the foreign investor retains full control over it.
Land Attached to Buildings: Same Legal Regime as the Land Itself
The legal regime of land attached to a building follows the land’s usage category (intra-urban or extra-urban). By contrast, buildings located on land are not subject to these restrictions and may be freely acquired by citizens of the United Kingdom. Therefore, when direct acquisition of land is not possible, investors may use limited real rights or other contractual mechanisms:
Right of superficies – use of the land plus the right to build for an agreed period. There are no restrictions for foreign citizens, however right of superficies is limited to 99 years.
Usufruct, use, habitation – rights granting use of the property without transferring ownership; these rights are valid only for the beneficiary’s lifetime.
Establishment of an SPV – setting up a Romanian company where the sole shareholder is the individual wishing to acquire the property, a flexible and frequently used method in international real estate transactions.
Lease contracts can also be concluded for agricultural land, or rental agreements in the case of other types of property.
Acquisition of land by the Romanian spouse of a UK citizen.
All these measures are not necessary when purchasing houses, apartments, duplexes, household annexes, etc., since Law no. 17/2014 provides restrictions exclusively with respect to the acquisition of land, not to the buying of buildings.
Real Estate Due Diligence in Romania for UK Citizens: Essential Checks Before Purchase
In Romanian real estate transactions, especially when the buyer is a UK citizen, legal due diligence is a crucial step. A comprehensive analysis before purchasing property and signing prevents costly litigation, investment loss, and capital blockage.
Land Registry Verification: Analysis of Sheets A, B, and C
The Land Registry is the official register reflecting the legal status of a property. Detailed analysis of the Land Registry extract is mandatory for any secure transaction, even for Romania citizens.
Sheet A – Property description: confirming location, usage category (intra-urban/extra-urban), area, and any cadastral modifications;
Sheet B – Ownership sheet listing the owner and title: verification of provenance documents, chain of titles, and legal acquisition method;
Sheet C – Encumbrances sheet: identification of mortgages, litigation, attachments, limited real rights (usufruct, easements), and any restrictions on alienation or encumbrance.
Other Registers and Verification Sources: Beyond the Land Registry
Not all properties in Romania are registered in the Land Registry or have a complete history therein. Therefore, comprehensive due diligence before buying and selling includes:
Verification of the seller’s title (sale-purchase agreement, inheritance certificate, court decision, auction report, etc.);
Transcription and registration registers – useful in areas where the general cadastre has not been completed;
Agricultural register – to confirm land use and tenants;
Urban planning checks – presence or absence of building permits, height regulations, and restrictions in the General Urban Plan (PUG).
These additional checks ensure a complete legal picture of the property, avoiding post-purchase surprises.
Required Documents for UK Citizens in Romanian Real Estate Transactions
For a UK citizen, the process of buying property in Romania requires not only knowledge of legal requirements and restrictions, but also careful preparation of documentation. A secure real estate transaction for foreigners begins with collecting the correct documents.
The list of documents may vary depending on the type of property and legal situation, but the buyer and seller must prepare:
Seller’s title deed – the valid title on the basis of which they hold the property;
Recent Land Registry extract for authentication – issued within 10 days prior to signing, ensuring current information;
Fiscal certificate issued by the local authority – confirming taxes paid and no outstanding debts;
Obtaining a personal identification number (a fiscal identification number) when buying extra-urban land, even for EU citizens, is mandatory;
A special power of representation and power of attorney may be required, when the buyer or the seller does not sign the contract.
Legal and Fiscal Obligations of Property Owners in Romania: Guide for Non-EU Investors
Buying a property in Romania – whether intra-urban land, extra-urban agricultural land, apartment, or house – brings not only rights but also a series of legal and fiscal obligations. For UK citizens or companies established by them in Romania (SPV), knowing these obligations is essential to avoid fines, litigation, and financial losses. Of course, before purchasing property, there can be notary fees and other real estate agent fees, which usually vary according to the value of the property, although these are non-recurrent obligations.
Tax Obligations: Payment of Building and Land Taxes
According to the Romanian Fiscal Code, property owners must pay annual local taxes to the city hall in the area where the property is located:
Building tax – calculated based on use (residential or non-residential), taxable value, and surface area;
Land tax – determined according to location (intra-urban/extra-urban), surface area, and land use category.
Payment of these taxes is mandatory regardless of the owner’s status. Fortunately, the level of these taxes is only a few hundred euro per year, and they are paid in two equal instalments by March 31 and September 30. Failure to pay on time results in fines and penalties and prevents the property from being transferred.
Urban Planning and Construction Authorization Obligations
In Romania, any construction, extension, modification, or demolition work requires a building permit issued by the local authority, in accordance with Law no. 50/1991. This rule applies to UK citizens who are proprietors of land or buildings, personally or through a SPV. Therefore, the owner must comply with:
The local urban planning regulations (RLU) and the zonal urban plan (PUZ);
Minimum distances from property boundaries and neighbouring buildings;
Conditions for connecting to utilities.
Carrying out works without authorization may result in fines, an obligation to demolish, and the impossibility of registering the construction in the land registry.
Boundary and Property Limit Obligations
Owners have a duty to maintain land boundaries according to cadastral measurements and avoid occupying or using neighbouring land. Any party may request boundary determination in a dispute, with a licensed surveyor involved.
Consult Our Experts for Legal Assistance Regarding Real Estate Acquisition and Management in Romania: Full Assistance for Non-EU Citizens
Romanian real estate offers tremendous opportunities — but for UK citizens, the legal landscape after Brexit can be a real challenge. Restrictions under Law no. 17/2014, combined with tax, cadastral, and urban planning rules, mean that every transaction requires careful planning and professional oversight. One wrong step can turn a promising investment into a costly liability.
That’s where we step in. Our law firm works extensively with foreign investors, providing end-to-end legal assistance: from assessing eligibility and structuring your purchase, to thorough due diligence, contract drafting, and full representation before notaries and land registries. We don’t just “check the paperwork” — we safeguard your investment at every stage.
Whether you’re aiming for a second home, a rental property, or a long-term investment, make sure your purchase in Romania is secure, profitable, and stress-free. Invest smartly in Romanian real estate – with the protection of a specialized lawyer at every step!
Author: Loránd Benő
For more details, visit us or book a phone or video call — see our contact information below. We speak English, German, Italian, Hungarian, and Romanian.
Talpeș - SCPA (Law Firm)
str. Avram Iancu, nr. 16, ap. 9
400089 Cluj-Napoca, Romania
tel:+40364133211
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