In brief
A legal check before buying a property in Romania covers four areas: the ownership and registration structure, the state of the property in the land registry extract, the developer or seller, and written undertakings in the structure of the transaction. The check is carried out by a lawyer you hire, because the developer's lawyer represents the developer. A problem discovered before signing is a negotiation; after signing it is already a dispute.
Key takeaways
- 1The developer's lawyer owes loyalty to his or her client, even when honest and professional. Your check should be carried out by someone who represents only you.
- 2Under the rules of the “Nordis Law” (Law 207/2025, now in Article 422 of Law 169/2026), the reservation fee is capped at 5% and 60 days, with a full refund within 30 days if the transaction fell through due to the developer's sole fault.
- 3Before a preliminary contract in an off-plan project: a registered permit, an extract for the unit, a notary, spending caps and a dedicated account.
- 4A clean registration is not always a clean property, so the check is both legal and planning-related.
- 5A jurisdiction clause in favour of Israel for a property in Romania may leave you with a judgment that is difficult to enforce there.
“The developer has a lawyer who handles everything; isn't that enough?” The question is asked in good faith, usually after the renderings have already been persuasive. The answer is no, and it is not a matter of suspicion but of structure: a lawyer owes loyalty to the client who hired him or her. The check that protects you should be carried out by a lawyer you have hired and who has no interest in the transaction closing.
Why carry out the check before signing and not after?
Because with the very same problem, the timing changes everything. Before signing it is a subject for negotiation or a reason for an orderly parting of ways; after signing it is a cause of action, with all the cost and time that involves.
In an off-plan project, Romanian law also protects the interim stage. Under the rules of Law 207/2025, known as the “Nordis Law”, which since 25.8.2026 appear in Article 422(6)-(11) of the Planning and Construction Code (Law 169/2026), the reservation fee is capped at 5% of the price and at a period of 60 days. If the transaction fell through due to the developer's sole fault, the developer refunds the money in full within 30 days. The meaning: withdrawing from a problematic transaction that was discovered in time should not cost a fortune.
Under the rules of the “Nordis Law” (Law 207/2025, now in Article 422 of Law 169/2026), the reservation fee is capped at 5% and 60 days, with a full refund within 30 days if the transaction fell through due to the developer's sole fault.
What does your lawyer check?
| Area | What is checked | Why it matters |
|---|---|---|
| Ownership and registration | That the right you will receive - ownership, Superficie (a right of use over land) or holding through a Romanian company - is defined in the contract and registered in the land book | Only registration in the land book (Cartea Funciară) gives the right effect against any third party; a person who is not an EU citizen does not register land directly in his or her own name |
| State of the property | A current extract (Extras de Carte Funciară): the identity of the owner against the actual seller, mortgages and attachments, caveats and third-party rights, consistency between the registration and the site | A property that looks perfect can be legally encumbered |
| The developer or seller | The company's registration in Romania, previous projects actually delivered, financial soundness, transparency in documents and compliance with the rules of the Nordis Law | In a new project, the property is worth exactly as much as whoever is building it |
| Structure of the transaction | A Romanian notary, registration directly in your name, a language you understand, an independent lawyer and an identified party who remains after handover | A written undertaking is worth more than any oral promise |
An extract with no charges does not mean there is no planning problem. The check is therefore twofold: legal, against the land book, and planning-related, against the permits and the situation on site.
Which documents should you demand before a preliminary contract in an off-plan project?
When buying a unit that has not yet been built, these are the five things you should have in hand before signing:
- A building permit registered in the land book.
- An extract for your specific unit. Under the new rules, a separate property sheet is opened even for a future unit.
- A preliminary contract before a notary only. The notary applies for registration on the day of signing or on the next business day, so that a double sale is exposed in the extract.
- Caps on spending from the advance payments: the developer may spend up to 25% of the price on the structural frame and, after its completion, up to 20% on the building systems.
- A dedicated bank account for the project, from which money is released only with the approval of an engineering supervisor.
When must each check be completed?
| Before this stage | What must have been checked |
|---|---|
| Payment of the reservation fee | The ownership structure, a current extract, the developer's registration and previous projects |
| Signing the preliminary contract | A registered permit, an extract for the unit, a notary, the reservation fee cap and the dedicated account |
| Final contract and registration in your name | Consistency between what was actually delivered and the contract, and registration of the right in the land book in your name |
In terms of timetable, such a check usually takes a few weeks and is carried out in parallel with the rest of the process.
Why check the jurisdiction clause in the contract?
A jurisdiction clause looks like a technical clause at the end of the contract, but in a transaction for a property in Romania it determines where disputes will be heard. An Israeli judgment cannot be enforced directly in Romania, and a court in Israel does not issue orders to the authorities there. Anyone who chooses Israeli jurisdiction may discover that every question of Romanian law requires an expert opinion and translation, and that at the end of the proceedings a separate recognition procedure is required in Romania. A Romanian court, by contrast, issues orders that can be enforced locally. This clause is checked before signing, not when there is already a dispute.
Can the entire check be done from Israel?
The check itself, yes. The extract is ordered online, a power of attorney authenticated with an apostille allows the lawyer to act on your behalf, and meetings take place by video call. Signing before the Romanian notary is the part that is not done remotely: you attend in person or give a power of attorney to someone who will sign on your behalf.
What to do before signing, and how we accompany you
Before transferring money, check the legal structure and not only the price and the pictures. We accompany Israeli buyers in this check: we read the contract and the extracts, identify the clauses that require amendment and coordinate the work with lawyers and notaries licensed in Romania, who carry out the acts in accordance with local law.
What is stated here is general information correct as of October 2026 and is not a substitute for a specific legal and planning check by a lawyer who represents you.
Frequently asked questions
What does a legal check before buying a property in Romania include?
Four areas: the ownership structure and registration in the land book, the state of the property according to a current extract, a check of the developer or seller and of its compliance with the rules of the Nordis Law, and written undertakings in the structure of the transaction. Alongside this, the planning side is also checked.
Why not rely on the developer's lawyer?
Because he or she represents the developer. The developer's lawyer can explain documents, but the review is carried out by a lawyer you hire who has no interest in the closing of the transaction.
What happens to the reservation fee if the check reveals a problem?
Under the rules of the Nordis Law, the reservation fee is capped at 5% and 60 days, and if the transaction fell through due to the developer's sole fault, the developer refunds it in full within 30 days.
Is it advisable to stipulate Israeli jurisdiction in the contract?
In a transaction for a property in Romania, Israeli jurisdiction may leave you with a judgment that requires a separate recognition procedure in Romania. It is advisable to examine the clause with your lawyer before signing.
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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.