Real Estate Due Diligence in Romania: Buyer Checklist

Buying property in Romania creates risk before the final sale agreement is signed. A reservation payment or pre-contract can already restrict the buyer’s options, particularly if the refund clause is weak or the property is described only by its marketing name. A focused review should begin while the buyer can still require documents, renegotiate or withdraw without losing a substantial deposit.

This guide focuses on the checks that can change a foreign buyer’s decision. It complements our broader guide to buying property in Romania and the separate explanation of the Romanian Land Registry process.

The scope depends on the asset. An apartment review differs from the acquisition of a house and land, an off-plan unit, agricultural land or commercial premises. The practical starting point is an exact asset list: apartment, parking space, storage area, land share, access rights and every separately registered cadastral unit.

Romania’s system is governed principally by Law no. 7/1996 on cadastre and real-estate publicity. Registered information must be checked against title documents, cadastral plans, construction records, the physical situation and the commercial package promised by the seller.

Is a Land Registry extract enough?

The buyer should understand every notation. Mortgages, seizures, litigation, pre-emption rights, easements and prohibitions may affect closing or use. An older copy supplied by an agent is not a substitute for a current extract for the correct cadastral number. The National Agency for Cadastre and Land Registration administers the system.

Historical title documents explain how the seller acquired the asset and whether marital, succession, restitution, authority or earlier-transfer issues require closer examination. See also our guide to property ownership and document verification.

Which title and cadastral checks matter most?

Compare the seller’s identity and capacity with the registered owner, then match the address, cadastral number, surface, category of use, floor plan and boundaries across the Land Registry, cadastral documentation and physical inspection. Differences are not always fatal, but they must be explained before payment.

For houses and land, confirm legal access to the public road, not merely practical access over another property. Review easements, shared roads, utility corridors and maintenance arrangements. For apartments, identify the individual unit and the related share in common parts and land.

How should construction documents be checked?

Construction works are principally regulated by Law no. 50/1991. The review may include the building permit, approved project, amendments, reception protocol and technical book. Law no. 10/1995 on construction quality provides the wider quality framework.

Alterations inside an apartment also matter. Removed walls, enclosed balconies, changed layouts or combined units may not match approved and cadastral plans. Legal due diligence does not replace a technical survey, structural assessment or measurement by an authorised specialist.

What should be checked for a condominium apartment?

Review both the individual unit and the building-level position: unpaid common expenses, litigation involving the owners’ association, major repairs, special contributions, insurance, common utilities and restrictions affecting use.

Law no. 196/2018 makes the seller’s position with the owners’ association relevant to transfer documentation. Request information about approved or foreseeable works where these may create material cost.

An energy performance certificate is part of transaction documentation in the cases governed by Law no. 372/2005, but it does not replace a technical inspection or assessment of actual utility costs.

Do foreign buyers need an ownership eligibility review?

The route depends on nationality, residence, the asset and applicable treaty or EU rules. Law no. 312/2005 governs land acquisition by foreign citizens, stateless persons and foreign legal entities. Eligibility should be confirmed before a binding pre-contract.

Extravilan agricultural land requires separate analysis because Law no. 17/2014 establishes special conditions and a pre-emption procedure. Our service page on how to buy a property in Romania explains the broader ownership-route question.

How should planning, access and intended use be tested?

Ownership does not guarantee the proposed use. For land, commercial premises or redevelopment, review planning status, building indicators, protected-area constraints, access, utility capacity and approvals specific to the intended activity.

For income-producing property, review leases, deposits, side letters, termination rights, arrears, service charges and whether vacant possession can be delivered. A company acquisition that includes property also requires corporate, tax, contractual and litigation review.

When should a buyer stop, renegotiate or impose conditions?

Not every issue requires withdrawal. Some defects can be corrected before closing; others can be addressed through a price adjustment, retention, escrow, creditor payoff, warranty, indemnity or condition precedent. The response should reflect probability, financial impact and the effect on transfer, use, financing and resale.

Be cautious where title cannot be established, cadastral identity is uncertain, material works lack documentation, legal access is missing, litigation threatens the asset or the contract shifts unresolved risks to the buyer without a workable remedy.

Real estate due diligence in Romania: pre-signing checklist

1. Confirm buyer eligibility and ownership structure, especially where land is included.
2. Identify every cadastral unit and accessory right in the commercial deal.
3. Obtain a current Land Registry extract and review every notation.
4. Trace the seller’s title and verify capacity and signing authority.
5. Compare the registered description with the physical property.
6. Review permits, approved plans, reception records and the technical file.
7. Check access, utilities, easements and shared infrastructure.
8. Assess planning status and intended use.
9. Investigate condominium debts, disputes and planned works.
10. Align the reservation, pre-contract and final agreement with the findings.
11. Condition payment and closing on outstanding releases or corrections.
12. Coordinate legal review with technical, tax, financing and valuation advice.

The bottom line

Real estate due diligence in Romania is a decision process, not a document-collection exercise. The buyer needs a coherent answer about ownership, asset identity, legal use, physical status and contractual protection. The safest time to resolve inconsistencies is before a reservation payment or pre-contract makes withdrawal expensive.

AI Notice: AI-assisted content, reviewed by a qualified Romanian lawyer.