Land Ownership in Romania for Israelis: Superficie, a Romanian Company or an EU Passport

Israeli buyers of a villa in Romania hear very early on that they “cannot hold land”. This statement is partly true, and it raises a simple question: if so, what exactly am I buying? The answer depends on your passport and on the route you choose, and the decision must be made before signing, because afterwards it is very difficult to change.

1Can an Israeli own land in Romania?

The building, yes; the land, not directly. The Romanian Constitution (Article 44, paragraph 2) and Law 312/2005 (Article 6) allow nationals of countries outside the European Union to acquire land only under an international treaty and on the basis of reciprocity. In practice, an Israeli without an EU passport registers the apartment or house in his or her name, and holds the land through one of the routes set out below.

With a passport of an EU or EEA state, whether Romanian, Portuguese, Polish or another, the restriction does not apply: under Law 312/2005 (Article 3) you buy land on the same terms as a Romanian citizen. An Israeli who is also a Romanian citizen buys as a Romanian. Agricultural land outside the built-up area is subject to additional rules, for all buyers.

In an apartment in a multi-unit building the question is less noticeable. In a villa, where the land is a large part of the property and of its value, it is the central question.

2Why is registration in the land register more important than the contract?

Because only registration in the land register (Cartea Funciară, the Romanian equivalent of the Israeli land registry) makes your right effective against any third party. The register is kept by ANCPI, the Romanian National Agency for Cadastre and Land Registration. A contract, a receipt or an oral agreement does not replace it.

A good property on which the right has not been duly registered is a problem: it is hard to let with confidence, hard to mortgage to a bank and hard to sell on the day you want to exit. The route for the land is therefore a substantive legal question, not a technical detail.

3What routes are available to a buyer from outside the European Union?

4What exactly do you receive with a Superficie right?

Superficie (a surface right, similar to a long lease) is a long-established right in Romanian law, set out in Articles 693-694 of the Civil Code. It gives two things together: full ownership of the building itself, registered in your name, and an exclusive right to use the land beneath it for a period of up to 99 years, with an option to renew.

• Transferable: it can be sold like any asset.
• Inheritable: it passes to the heirs.
• Can be mortgaged: a mortgage can be taken on it.
• Registered in the land register in your name: not a side agreement in someone's drawer.

A practical test of the strength of the right: Romanian banks are prepared to accept a Superficie right as security for a mortgage. A body whose existence depends on enforcing security has examined the right and decided to lend against it.

5What should you check in the contract regarding the consideration for the Superficie right?

Ask to see the payment terms for the right written in the draft contract, in every project. Under Article 697 of the Civil Code, where a Superficie right is granted for consideration and the contract does not set the amount or the method of payment, the holder of the right owes a monthly payment equal to the open-market rent, and in a dispute the court sets the amount.

A good answer from the seller or the developer is one of two: that the right is granted cu titlu gratuit, that is, without consideration, or that the exact amount and the method of payment are written in the contract. Also check the duration of the right, the renewal mechanism and what happens at the end of the term.

6Why not register the land in another person's name?

Sometimes a “simple solution” is offered: to register the share in the land in the name of a broker, an acquaintance or a relative who is a local citizen. This relies on trust in one person. If that person is unavailable on the day you want to sell, or the relationship changes, the way to correct the registration may go through the court, take a long time and cost money.

The rule: the route for the land is chosen before signing, and it must rely on registration in your name or on an irrevocable legal document, not on personal trust.

7When is a Romanian company (SRL) worth the effort?

A Romanian company can register both a building and land in its name, and you hold the shares. But it is an entity that has to be managed: accounting, reporting, and taxation at company level and then at owner level. Dividend tax in Romania rose from 10% to 16% in January 2026, which reduced the attractiveness of this route for a buyer of a single property.

An SRL is therefore suitable mainly for those buying several properties or land for development. For a private buyer of a single villa, Superficie is simpler in most cases. The comparison is made with a tax adviser familiar with both countries, before the purchase.

8What do you check in the land register extract before choosing a route?

Even the right route will not help if the land itself is problematic. Obtain a current extract from the land register and check four things in it:

1. That the registered owner is the person actually selling to you.
2. Mortgages, encumbrances and attachments.
3. Caveats and third-party rights.
4. Consistency between the registration and what exists on the ground.

There are cases in Romania where the extract is “clean” and a planning problem hides behind it. The check is therefore twofold, legal and planning, and it is carried out by a lawyer independent of the seller, not the developer's lawyer and not the broker.

9What happens on the day you want to sell, mortgage or bequeath?

That is when it becomes clear whether you bought a registered right or a promise. A registered Superficie right passes on sale, serves as security for a mortgage and passes by inheritance. An inexpensive step worth taking early: an Israeli will can be admitted through legal proceedings before a court in Romania, and a will that expressly mentions the Romanian property shortens the path for the heirs.

10What should be done before signing?

Before signing a contract for a villa, establish which passport is relevant, choose a route for the land, and check that the contract expressly sets the consideration, duration and renewal of the right. When we accompany a buyer, we compare the routes with the buyer against the investment objectives and with the tax adviser, and the review and registration under Romanian law are performed by a lawyer licensed to practise in Romania and a local notary.

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The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.