If you are a foreigner and you want to buy property in Romania, you need to find out what rights and obligations you have. Although the Romanian Real Estate market is flourishing, it might be tricky to have your own place, depending on your citizenship.
Starting from 2012, citizens from EU and EEA can obtain a place to live in Romania in the same way as any Romanian citizen. They can buy, receive it as a donation, make an exchange or inherit it (but not by legal will). However, regardless of how they got the property and what kind of property it is, it can only serve as a secondary residence. Also, from the beginning of 2014, EU and EEA citizens can obtain, in any way, agricultural lands, forests and forest lands.
In the case when the foreign citizen wants to buy any property in Romania without a Romanian Personal Identification Number, a Fiscal Identification Number is Necessary. The PIN can be obtained easily by the foreigners who have a residence permit in Romania, either for study, business, research or as a family member. Apart from this, there is nothing special required from a foreigner citizen for the transaction; he can buy or sell in the same way as a Romanian citizen, and he will pay the same taxes for the government, seller and notary.
For the citizens who are coming from countries outside the EU or EEA, things are more complicated. In most cases, they can only have the right to own the construction, but not the land itself. There are a few countries that have a special agreement with Romania regarding this issue, but most of them don’t.
For example, a citizen outside the above mentioned areas can not own a land and the house that is built on it. He can obtain the right to use the house and the land, but only as long as the house exists on the land. In the moment the construction is no longer there, his legal rights over the land stop. The same rule applies regardless the type of construction or land that he wants to buy.
The laws stated above only apply to natural persons. For commercial enterprises, the entire process tends to be easier. According to the law, they can obtain easily the right to own, buy, sell or use different types of properties, as long as the properties are necessary for their activity. There are, on the other hand, some risks when it comes to owning a property in Romania in the case when the activity of the enterprise stops, so a lawyer should be consulted.
Citizens of any country who want to buy a property in Romania and obtain a business Residency Permit, need to apply first for a Business Visa and to prove that they are planning to start a commercial activity on the territory of the country. They can submit their documents in their own country, at the Embassy of Romania. Once they obtain the Visa, they can apply for a Residency Permit in Romania at any Immigration Office.
Before starting a transaction with any kind of property in Romania, it is recommended to discuss with a lawyer and understand what are your rights and obligations through the entire process. Also, If you do not have a Residency Permit in Romania, make sure you follow all the legal steps to obtain a Fiscal Identification Number before you attempt to buy a property. Otherwise, any contract you sign is invalid and you can easily get trapped in a legal situation.