A Romanian or EU Passport and Buying Property in Romania: What It Changes, and What It Does Not

"Should I get a Romanian passport first?" This is one of the most common questions from Israelis considering buying property in Romania. The answer depends on what you expect the passport to do. In some areas it changes a great deal, and in others it changes nothing.

1What exactly does the law say about land and foreigners?

Article 44(2) of the Romanian Constitution provides that foreigners acquire ownership of land only under the conditions arising from Romania's accession to the European Union, from international treaties on the basis of reciprocity, or by legal inheritance. The law implementing the article is Law 312/2005, and three rules derive from it:

1. A citizen of an EU member state acquires land in Romania under the same conditions as a Romanian citizen.
2. An Israeli citizen does not register land in their name, because there is no reciprocity treaty on the matter between Romania and Israel.
3. A dual citizen, Israeli and Romanian, acquires land as a Romanian citizen. The law does not ask where they live.

It follows that a passport from another EU member state, for example Portugal, also confers the same right with respect to the land.

2What does ownership look like in practice, with and without a passport?

3For an apartment in a building: does the passport change anything?

In day-to-day use, no. In the registration, yes. Every apartment in a condominium building has a share in the land under the building (cotă-parte indiviză, an undivided share). For a buyer without a European passport, that share is not registered in their name, and instead they acquire a Superficie right over that share. The apartment itself is registered in their name as usual. What is checked before signing is that the right over the land share is written into the contract and registered in the land book.

4For a villa: what is the difference between ownership of the land and a Superficie right?

In a villa most of the value is the plot, so the difference is felt more. The Superficie right (the right to maintain a building on land belonging to another) is governed by Articles 693-699 of the Romanian Civil Code:

• Duration: it is granted for a period of up to 99 years, and it can be renewed. Check what the contract provides regarding renewal.
• Sale and mortgage: it can be transferred and encumbered together with the house, and Romanian banks accept it as collateral.
• Inheritance: the house and the Superficie right pass by inheritance.
• Registration: the right is registered in your name in the land book, and thereby becomes effective against any third party.
• Consideration: ask whether there is a payment for the right, and ask to see the answer in the contract.

5Does a Romanian passport improve mortgage terms?

The law does not ask about citizenship, but some banks do. Regulation 17/2012 of the National Bank of Romania (BNR) sets financing caps according to the currency of the loan and the currency of income: up to 85% for a loan in lei, and up to 75% for a loan in euro for someone earning in another currency. These are regulatory caps, not a commitment by a bank.

In practice, several Romanian banks offer a "diaspora" track that is open to Romanian citizens only, including non-residents earning in Israel, usually in lei and with a down payment of at least 20%; a loan in lei leaves a currency risk. An Israeli without a European passport obtains a mortgage on the regular track for non-residents, usually up to 70% financing, subject to the bank's approval.

The Noua Casă government guarantee programme does not require Romanian citizenship. Its conditions include a declaration that you do not own a home and price caps, which exclude villas from the programme.

6What does a European passport give you outside the transaction itself?

• Stay: an Israeli is limited to 90 days in any 180 days in the Schengen Area, and Romania has been a full Schengen member since 1 January 2025. A Romanian citizen may live in Romania without limitation, and a citizen of another EU member state enjoys freedom of movement and residence.
• Work: a holder of a European passport does not need a work permit; an Israeli needs a long-stay visa and a residence permit.
• Spouse: an Israeli spouse of a Romanian citizen receives a right of residence as a family member, but not a right to land. The law examines the citizenship of each person separately.

7What will the passport not change?

• The price of the property, nor will it buy you priority with a developer.
• The VAT (21% on a new property, as of October 2026), the notary's fee and the registration fee (0.15%).
• The tax on sale, which depends on the holding period (1% or 3%) and not on citizenship.
• The need for a lawyer who represents you and for a legal check before signing.

8And what about registering in the name of a spouse or relative who has a passport?

Registration in the name of a spouse with a European passport is possible, but whoever is registered is the owner as against the whole world. In divorce, on death or vis-à-vis creditors, the land follows the registration. This is a route that requires advice in both countries.

9Is it worth waiting for the passport before buying?

For someone entitled to Romanian citizenship by descent, this is a real option, but not a quick one: the decision on the application can take up to two years, and since 2025 a Romanian language certificate is also required. The practical route is usually to buy with a Superficie right, and anyone who later obtains a European passport will consider with their lawyer transferring the land into their name.

10What to do before signing, and how we assist

Before signing, ask four questions: what exactly is registered in my name, and where does it appear in the land registry extract? For how long is the Superficie right granted and what is the renewal clause? Is there a payment for the right? And how do the right and the house pass by inheritance? We review the registration structure and the contract, and coordinate with lawyers and notaries licensed in Romania, who carry out the registration in accordance with local law.

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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.