In brief
After 1989 Romania returned to former owners and their heirs land and houses that had been nationalised or transferred to cooperatives in the communist period, under Law 18/1991, Law 10/2001 and Law 165/2013. In Ilfov, most of which was agricultural land, some plots rest on ownership titles from that period. In most transactions this does not raise a problem, but the chain of title, the land book extract and court files are checked before the purchase.
Key takeaways
- 1Law 10/2001 applies to property taken between 6.3.1945 and 22.12.1989, and notices of claim under it were filed by 14.2.2002.
- 2On 12.10.2010 the European Court of Human Rights held in Maria Atanasiu that the restitution mechanism was ineffective; the response was Law 165/2013.
- 3The practical risk today: overlapping ownership titles, a title that a court may annul, and a cadastre that has not yet been completed.
- 4According to OCPI Ilfov, as of November 2024 only four communes in the county were fully registered in the systematic cadastre.
- 5Five checks: a current extract, the chain of title back to the origin, a court search, the cadastral map and a written enquiry at the town hall.
Buyers considering a plot or a villa in the suburbs of Bucharest ask mainly about price, financing and timetables. The question of restitution rarely comes up, and rightly so: in most transactions it will not be a problem. But in the cases where it does exist, it becomes the central problem of the transaction. It is therefore worth knowing the background and knowing how to check it, before committing.
What is a restitution claim in Romania?
A demand by former owners, or by their heirs, to receive back a property that was nationalised or transferred to a cooperative between 1945 and 1989, or to receive compensation for it. After the revolution, Romania enacted several waves of legislation to return the properties:
| Law | Scope | Important point |
|---|---|---|
| Law 18/1991, the Land Resources Law | Agricultural land that was brought into cooperatives | Owners received an ownership title (titlu de proprietate) from local and county commissions |
| Law 1/2000 and Law 247/2005 | Extension of restitution | The ceiling was raised to up to 50 hectares per original owner |
| Law 10/2001 | Houses and plots taken between 6.3.1945 and 22.12.1989 | Notices of claim were filed by 14.2.2002 |
| Law 165/2013 | Completion of the process | Restitution in kind where possible, and compensation in “points” where not; amended by OUG 38/2025 |
On 12.10.2010 the European Court of Human Rights held in Maria Atanasiu that the restitution mechanism was ineffective; the response was Law 165/2013.
Why did the process reach the European Court?
The process was so slow and cumbersome that on 12 October 2010 the European Court of Human Rights delivered a “pilot” judgment in Maria Atanasiu v. Romania. It held that the restitution and compensation mechanism was ineffective, and the state was required to remedy it. The answer was Law 165/2013, adopted in May 2013, which provided for restitution in kind where possible and compensation in “points” where it is not.
Can a new restitution claim still be filed?
The deadline for filing notices under Law 10/2001 ended on 14 February 2002, and the deadlines under the agricultural land laws have also passed. The risk today stems mainly from old files that are still being examined, or from ownership titles that a court may annul.
Where does the risk actually lie?
- Overlapping titles. In the early years, local commissions issued titles on the basis of partial measurements, and sometimes two titles covered part of the same plot. Such disputes reached the courts.
- Annulment of a title. An ownership title issued contrary to the law may be annulled by a court, and then the question arises of the position of whoever bought from the person who received it.
- An incomplete cadastre. According to the Ilfov cadastre office (OCPI Ilfov), as of November 2024 only four communes, Copăceni, 1 Decembrie, Mogoșoaia and Vidra, were fully registered in the systematic cadastre. In the rest of the county the work was continuing, and in Bălotești, for example, the cadastral documents of several sectors were published between 2024 and 2025.
In an area where systematic mapping has been completed, boundaries and ownership have already undergone a cross-check, and the documents were published for public comment before registration. This does not eliminate every dispute, but it lowers the risk.
Most of the land in the Ilfov suburbs has since the 1990s gone through several transactions, been registered in the land book, been mortgaged to banks and been built on. A bank granting a mortgage checks the chain of title before registering the mortgage, and a notary checks the extract before every transaction. The risk is concentrated in a plot about which people say “there is a title, the registration is on its way”.
How do you check a plot before buying?
- A current land book extract. Owners, encumbrances and, above all, notations of legal proceedings (notare litigiu).
- The chain of title back to the origin. Ask the notary or the lawyer to build the history: whether the plot originates from an ownership title under Law 18/1991, from whom and when.
- A court search. On portal.just.ro, search for the names of the former owners in the chain, and for cases concerning fond funciar (agricultural land) or Legea 10/2001.
- The cadastral map. On the ANCPI geoportal, check that the plot appears in the location and within the boundaries shown in the extract.
- An enquiry at the town hall. Ask the town hall in writing, where the local land commission operates, whether there are open restitution applications on the plot.
When is a particularly thorough check needed?
| Particularly thorough check | A standard check is usually sufficient |
|---|---|
| A vacant plot for self-build, outside an organised project | A house in a project whose land is registered in the developer's name and mortgaged to a financing bank |
| A property not yet registered in the land book, or with a notation of legal proceedings in the extract | A property that has gone through several registered transactions over the years, with no notations in the extract |
| A plot that passed to the seller directly from an ownership title, without intermediate transactions | An area where a systematic cadastre has been completed |
| A price much lower than in the surrounding area, without a convincing explanation |
In a new project, the restitution check is part of checking the developer and its land. Ask where the land came from, and ask your lawyer to confirm the chain. A financing bank's mortgage in the extract indicates that the bank checked the ownership, which is a positive sign, but it is not a substitute for your own check. It is also advisable for the contract to include a declaration by the seller that there are no known claims on the property.
What to do before signing and how we assist
The question of restitution is resolved by checking, not by assuming. When we assist with the purchase of a plot or a house in Ilfov, we coordinate the building of the chain of title, the register searches and the enquiry to the town hall, and make sure that the findings are reflected in the contract. The checks with the Romanian registers, the notary and the courts are carried out by lawyers and notaries licensed in Romania.
What is stated here is general information correct as of October 2026 and does not constitute legal advice. Restitution law in Romania is complex and depends on the circumstances of each plot; before buying, ask a local lawyer to check the chain of title of the specific property.
Frequently asked questions
What is a restitution claim in Romania?
A demand by former owners or their heirs to return a property that was nationalised or transferred to a cooperative between 1945 and 1989, or to receive compensation for it. The procedures are set out in Law 18/1991, Law 10/2001 and Law 165/2013, which provided for compensation in “points” where restitution in kind is not possible.
How do you know whether there is a claim on a plot in Romania?
Check the extract for a notation of legal proceedings, search portal.just.ro by the names of the owners in the chain, and ask the town hall in writing whether there are open restitution applications on the plot.
Is a plot that has gone through systematic cadastre safer?
Usually yes. In systematic mapping all the plots in the area are measured, and the documents are published for comment before registration. This does not eliminate every dispute, but overlaps and incorrect boundaries tend to come to light at this stage.
Who bears the loss if a claim comes to light after the purchase?
There is no single answer; it depends on the circumstances, the contract and case law. That is precisely why the check is made before signing, and it is advisable for the contract to include a declaration by the seller that there are no known claims on the property.
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- Law 18/1991, the Land Resources Law - Ministry of Agriculture of Romania
- Law 10/2001 - Romanian legislation portal
- Law 247/2005 - Romanian legislation portal
- ANRP - National Authority for Property Restitution
- ECHR - Maria Atanasiu and Others v. Romania, 12.10.2010
- OCPI Ilfov - systematic cadastre
- ANCPI Geoportal
- Romanian courts portal
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.