An Israeli Buyer without a European Passport: What Is Registered in Your Name in Romania, the House, the Land or Both

Many Israeli buyers discover only at the contract stage that the land beneath the villa will not be registered in their name. The first reaction is understandable: “Am I paying for a house that stands on someone else's land?”. The concern rests on an Israeli assumption, that a right that is not “ownership” is necessarily a weak right. To assess the transaction correctly, you need to understand exactly what is registered in your name, how it differs from ownership, and what must be written in the contract.

1Can an Israeli register land in Romania in his or her name?

Not in his or her private name, as long as he or she does not hold citizenship of a European Union member state. This is provided by Article 44(2) of the Romanian Constitution and Article 6 of Law 312/2005. The restriction applies to the land only: the house itself is registered in the buyer's name.

Citizenship is not a condition for buying. It changes only the question of what is done with the land. A person who holds citizenship of a Union member state, including Romanian citizenship obtained through parents or grandparents, also registers the land directly in his or her name.

2What is a right of superficies, and how strong is it?

A right of superficies (Superficie) is a property right, not a personal agreement. It is registered in your name in the Cartea Funciară, the land book kept by ANCPI, and anyone who obtains an extract can see it.

• Duration: under Article 694 of the Civil Code, up to 99 years, and renewable.
• Transferability: under Article 695(4), it can be sold or mortgaged, together with the house. It therefore allows a mortgage.
• Enforceability: under Article 696, it can be enforced against any person, including against the owner of the land.
• Consideration: under Article 697, where the right was granted for payment and the contract does not set the amount, an amount equal to market rent is paid each month.

The land itself remains owned by whoever is registered as its owner. What you have received is a registered right to build and hold above it, for the period that was set.

3Three ways to hold a property: what is registered in each?

The choice between the structures is a personal decision: inheritance, taxation, the number of properties you plan, and who in the family holds a European passport. The comparison between a private purchase and a purchase through a company is set out in our guide “Buying in Romania as an individual or through a company”.

4What do you receive at each stage on the way to ownership?

For a property under construction there are usually three signings, and each gives a different right:

1. Reservation agreement. Under Law 207/2025 (the “Nordis Law”), whose rules have appeared since 25.8.2026 in Article 422(6) to (11) of the Planning and Construction Code (Law 169/2026), up to 5% of the price and for a period of up to 60 days. This is a place-holding arrangement, not a right in the property.
2. Preliminary contract before a notary. Signed only after the building permit has been registered in the land book and the unit has its own land book entry. The notary submits it for registration on the day of signing, or at the latest on the next business day, and from then on anyone who obtains an extract can see that the unit has been promised to you.
3. Final contract and registration. After construction is completed. Only then is ownership of the house registered, and alongside it the right of superficies over the land.

5What should you check in the contract regarding the right of superficies?

Do not settle for an oral explanation, from any seller or developer. Find the following clauses in the draft contract:

• The word Superficie expressly, with a description of what is registered in your name and under which right the land is held.
• The period: a written number of years, and provision for what happens at its end and for renewal.
• The consideration: an express statement that the right is granted free of charge (cu titlu gratuit), or an exact amount. Silence may trigger Article 697 and require a monthly payment.
• The registered owner of the land, and whether encumbrances are registered on it.

6How do you verify the registration yourself?

1. Ask for the unit's land book number and order an extract yourself on the ANCPI ePay website, for 20 lei.
2. Read Part II (the registered owner) and Part III (encumbrances and notations). A full explanation is in our guide to due diligence in Romania.
3. A few days after signing before the notary, obtain a new extract and make sure that the preliminary contract, or the application to register it, appears in it.
4. On the day of the final contract, make sure that the extract shows two registrations in your name: ownership of the house and the right of superficies over the land.

7What to do before signing and how we assist

The holding structure should be chosen before signing, with a lawyer who represents only you and not the seller or the developer. We examine with the buyer the three alternatives against his or her plans, read the superficies clauses in the draft and verify the registration at every stage. The notarial contracts and registration in the land book are carried out by a notary and by lawyers licensed in Romania.

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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.