Buying Off-Plan Property in Romania: Legal Checks Before Paying a Deposit
Buying off-plan property in Romania means committing money before the apartment or house is legally and physically ready for transfer. The decisive questions are therefore not limited to price and delivery date: the buyer must verify the developer, the land, the building permit, the future unit’s Land Book, the payment route and the remedies if the project changes or stalls.
In brief
Under Romania’s current framework, a developer may promise the sale of a future residential unit only after specific cadastral and Land Book steps have been completed. For future residential units covered by Law no. 207/2025, the sale promise must be concluded in authentic form before a Romanian notary public, and the notary must request its notation in the Land Book. A reservation may last no more than 60 days and the reservation amount may not exceed 5% of the price. Buyer advances under the authenticated promise must be paid into a distinct project account and used within the statutory controls.
Practical point: these safeguards improve traceability, but they do not replace legal, technical and financial due diligence or convert a promise into ownership. They do not eliminate insolvency, financing or construction-completion risk.
What makes an off-plan purchase different?
In a completed-property sale, the buyer can compare the physical unit with its cadastral documents and usually receives ownership at closing. In an off-plan transaction, the buyer evaluates a future asset and relies on a chain of documents, approvals and contractual obligations. The developer remains responsible for completing the project; the buyer’s protection depends on whether the project and the promised unit are legally identifiable, whether payments are controlled and whether the contract contains workable exit and refund mechanisms.
Readers comparing an off-plan acquisition with a completed-property transaction can start with our broader guide to buying property in Romania.
Short commercial hold
It should identify the unit and price, state the next step and remain within the statutory 60-day period and 5% ceiling.
Binding future-sale obligations
For a developer’s future residential unit, the promise is concluded in authentic form after the required cadastral and Land Book steps.
Ownership transfer
The final authenticated deed follows completion, reception and cadastral finalisation, subject to the agreed closing conditions.
What changed under Law no. 207/2025?
Law no. 207/2025 on future residential units amended Law no. 10/1995 on construction quality and Law no. 7/1996 on cadastre and real-estate publicity. Its core aim is to connect the sale promise to a legally identifiable future unit and to regulate reservations and the use of buyer advances.
Before the promise
- The building permit must be noted in the Land Book.
- For a future condominium, pre-unitisation must be completed.
- Individual Land Books must be opened for the future units.
- A Land Book extract for the future unit must be obtained before authentication.
At and after signing
- For future residential units covered by Law no. 207/2025, the sale promise must be concluded in authentic form before a Romanian notary public.
- The notary requests notation of the promise on the signing day or by the next working day.
- Advances go to a distinct account dedicated to that project.
- The developer’s use of those funds is restricted by purpose and statutory construction-stage controls.
Do not misread the percentages. The law states that funds may be used for the structural component up to 25% of the price and, after its completion, for installations up to 20% of the price. This regulates how the developer may use advances; the payment schedule still requires careful contractual analysis.
Official framework: see the consolidated Romanian construction-quality framework under Law no. 10/1995, rules for future residential units under Law no. 207/2025 and ANCPI’s cadastral regulation updated by Order no. 293/2026.
Interactive off-plan buyer risk check
Which warning signs are present in your file?
Select every statement that applies. The result is a preliminary triage tool: it does not assess title, insolvency, contract enforceability or technical compliance and is not legal advice. Your selections stay in your browser and are not sent to Atrium.
No warning sign is selected. This does not mean the transaction is clear; obtain and connect the corporate, title, cadastral, permit, financing and contract documents before paying.
Follow the transaction control path
Choose a stage to see the document that should anchor the buyer’s decision and the question that should remain open until verified.
Reservation agreement and payment evidence
Verify: exact unit, total price, amount paid, expiry, refund trigger and next contractual step.
Do not leave unresolved: whether the payment is within the 5% ceiling and whether the 60-day period can quietly renew.
Documents to verify before paying or signing
| Document or check | What it should establish | Risk if unresolved | Possible transaction response |
|---|---|---|---|
| Legal existence, representatives, authority and relevant corporate status. | The wrong entity receives funds or signs without proper authority. | Correct the counterparty and require corporate approvals before payment. | |
| Owner, cadastral identity, mortgages, seizures, easements, litigation notes and building-permit notation. | The project land is burdened or the seller cannot deliver unencumbered title. | Require creditor consent, release mechanics or a closing condition. | |
| Authorised project, unit configuration, use, access and utility works. | The marketed project differs from the authorised one. | Reconcile documents; avoid relying on brochures or renders. | |
| The promised unit is individually identifiable as a future asset. | The buyer commits to a marketing description rather than the statutory cadastral object. | Do not sign the promise until the required records exist. | |
| Mortgages, lender control and the unit-release mechanism. | The lender’s security remains over the unit at final sale. | Make payment and closing conditional on an agreed release process. | |
| Price, VAT treatment, area, finishes, accessories, timetable, variation rights and remedies. | Commercial assumptions are not legally binding or can be changed unilaterally. | Attach precise plans/specifications and negotiate objective limits. | |
| The destination of the advance and its link to the relevant project. | Payment traceability and statutory safeguards are weakened. | Verify the account in the notarised documentation before transfer. | |
| Proceedings involving the developer, landowner or project companies. | Disputes, enforcement or insolvency affect completion or recovery. | Expand due diligence, restructure protection or reconsider the deal. |
Useful official portals include the ANCPI service for Land Book extracts, the Romanian courts portal and the National Trade Register Office portal. A portal search is a starting point, not a substitute for interpreting the underlying records.
Contract clauses that decide whether protection works
A legally compliant form can still allocate commercial risk poorly. The promise and its annexes should connect the buyer’s payment obligations to objectively verifiable project events and should explain what happens when an event does not occur.
For the wider contractual context, see our guide to Romanian property pre-contracts and sale promises.
Define the asset
- Future-unit Land Book and cadastral identifiers
- Usable and built areas, tolerance and measurement method
- Parking, storage, land share and common parts
- Signed plans and specifications hierarchy
Define the money
- Total price, currency, exchange-rate rule and VAT treatment
- Dedicated account and payment evidence
- Milestones supported by documents, not estimates
- Refund timing, interest and set-off limits
Define change
- Permitted design and specification changes
- Area variation threshold and price adjustment
- Buyer consent for material relocation or size change
- Consequences of permit or cadastral amendments
Define failure
- Long-stop completion date and limited extensions
- Delay damages and termination rights
- Developer default, buyer default and financing failure
- Refund security and dispute forum
Developer, title and financing due diligence
The company shown in the marketing material may not be the landowner, developer, general contractor or entity receiving the advance. Map every relevant party and identify who owes each obligation. Review the developer’s registration and representation, the landowner’s title, related project companies, material litigation and available insolvency indicators.
A current Land Book extract should be read together with the title documents and project-finance structure. A mortgage is not automatically fatal, but the promise should explain how the relevant unit will be released and how the lender, developer, buyer and notary will coordinate funds at closing. A promise noted in the Land Book improves visibility; it does not erase earlier mortgages or make the buyer owner.
For a broader review framework, see our Romanian real-estate due-diligence checklist and our legal service for foreign buyers purchasing property in Romania.
Permit, construction and specification review
Romanian construction works must follow the building-permit framework under Law no. 50/1991. Confirm that the permit relates to the project being marketed, is noted in the Land Book and aligns with the plans used to define the future unit. Planning, access and utility documents should be checked with the issuing local authority where appropriate.
The legal review should be coordinated with an independent technical review. A lawyer can identify documentary inconsistencies and allocate contractual risk, but cannot replace an architect, engineer, surveyor or snagging specialist. Marketing statements about views, floor area, energy performance, finishes, delivery or facilities should be reflected in enforceable annexes.
Completion, handover and final sale
Handover should not be treated as a single key-collection appointment. Law no. 10/1995 links delivery to admitted reception at completion and to the commissioning of authorised, permanent utility connections for the relevant developments. After completion, the cadastral records move from pre-unitisation of future assets to final unitisation and the individual Land Books are updated.
Legal completion file
Reception record, certificate confirming construction, final cadastral documentation, updated Land Book and documents required for the notarial sale.
Technical handover
Measured areas, utilities, equipment tests, keys, meters, snag list, rectification deadlines and warranty contacts.
Closing mechanics
Final price, lender release, payment sequence, possession, originals, registration and responsibility for costs and taxes.
The seller must also provide the energy-performance information required by Law no. 372/2005. A preliminary energy simulation for an unfinished building is not the same as the final registered certificate.
Three common off-plan scenarios
Controlled reservation
The reservation is below the statutory ceiling, expires within 60 days, identifies the future unit and makes the refund route explicit. The buyer uses the period to verify the project and negotiate the notarised promise.
“Booking fee” without legal anchors
A substantial payment is requested before a future-unit Land Book exists, under a document that avoids the word “reservation.” Labels do not resolve substance; pause and review the structure before transferring funds.
Bank-financed project
The land carries a project-finance mortgage. The risk may be manageable only if the lender’s unit-release conditions and the payment sequence are documented and compatible with the final sale.
Additional point for foreign buyers
Foreign-buyer analysis must separate ownership of the apartment or building from ownership of the associated land share. Nationality, residence, the land category and the proposed ownership vehicle can change the route. The Romanian land-acquisition rules for foreign buyers under Law no. 312/2005 govern land acquisition by foreign citizens, stateless persons and foreign legal entities. Confirm eligibility and structure before the reservation or promise fixes the buyer identity. Our guide to Romanian property ownership and Land Book verification explains the wider document framework.
A practical decision rule
Do not ask only “Is this document standard?” Ask whether the project, future unit, payment account, completion evidence and exit rights can be verified independently—and what happens to the buyer’s money if any link fails.
The Romanian National Authority for Consumer Protection has published a dedicated guide for consumers buying a home. Its practical checks complement, but do not replace, transaction-specific legal advice.
Public registers and authority guidance can help a buyer verify individual parts of the transaction. Each source has a different purpose, and the results must be interpreted together with the project and contract documents.
Client Experience: Protecting a Buyer in an Off-Plan Residential Purchase
The situation
A foreign buyer agreed to purchase a two-bedroom apartment in a residential project near Bucharest. Before signing the reservation agreement, the developer requested a significant upfront payment and provided only marketing materials and floor plans.
The client contacted Atrium Romanian Lawyers for an independent legal review before transferring funds.
What we found
During the due diligence process, our team identified several issues requiring clarification:
- the future unit had not yet been individually identified in the cadastral documentation;
- financing arrangements affecting the project had not been fully disclosed;
- the draft documentation contained broad clauses allowing unilateral changes to the apartment specifications;
- the payment structure did not clearly explain how buyers’ funds would be protected.
How we helped
Atrium coordinated a legal review of the project documentation and negotiated amendments to the transaction documents.
Among other measures, we:
- verified the developer’s corporate and ownership structure;
- reviewed title and Land Book documentation;
- analysed project financing and mortgage-release mechanisms;
- negotiated clearer completion, refund and delay provisions;
- required additional documentary evidence before further payments were made.
The outcome
Following negotiations, the transaction structure was revised and the client obtained significantly greater clarity regarding the legal status of the unit, payment protections and the conditions for completion.
The buyer proceeded only after the relevant documentation had been verified and the contractual protections had been strengthened.
Key lesson
When purchasing off-plan property, buyers should evaluate not only the property itself, but also the legal status of the project, the payment structure and the contractual remedies available if the development is delayed or modified.
Client-identifying details have been omitted or generalised. This experience is presented for informational purposes and does not promise or guarantee a similar result in another matter.
Frequently asked questions
Can a developer ask for more than 5% under a reservation?
For reservations covered by Law no. 207/2025, the amount may not exceed 5% of the sale price. The law attaches absolute nullity to a reservation that breaches this ceiling. The legal character of the document and payment should be reviewed, regardless of the label used.
How long can an off-plan reservation last?
The statutory maximum is 60 days, after which the parties should conclude the authenticated promise or the final sale. If this does not happen by the deadline solely because of the developer’s fault, the developer must return the reservation sums in full within 30 days.
Must the off-plan sale promise be notarised?
For future residential units covered by Law no. 207/2025, the sale promise must be concluded in authentic form before a Romanian notary public. This specific rule does not mean that every property-related promise in Romania is subject to the same form requirement. The promise is concluded after the required Land Book steps, and the notary requests its notation.
Does noting the promise in the Land Book make me the owner?
No. A promise creates obligations to complete the future sale; it does not itself transfer ownership. Ownership is transferred under the final notarised deed and the applicable Land Book registration regime.
What if the developer changes the unit or delays the project?
The answer depends on the law, the scale of the change and the negotiated clauses. The promise should define area and specification tolerances, permitted changes, the completion long-stop date, notice duties, price adjustments, damages, termination and refund consequences.
Can a foreign national buy an off-plan apartment in Romania?
Often yes, but the analysis must separate the building from the land share. Citizenship, residence, land type and transaction structure matter, so eligibility should be confirmed before fixing the buyer in a reservation or promise.
Review the project and contract as one transaction
Through our property and real-estate legal services in Romania, Atrium Romanian Lawyers can review the developer and title file, the future-unit Land Book, the reservation, the notarised promise, payment safeguards and closing conditions for an off-plan acquisition.
Request a focused legal reviewDisclaimer: This page provides general information only and does not constitute legal advice, a legal opinion or the creation of a lawyer-client relationship. Legal solutions depend on the specific facts and documents involved.
AI Notice: AI-assisted content, reviewed and approved by a qualified Romanian lawyer.