Who Protects the Buyer in a Transaction with a Developer in Romania: The Developer's Lawyer, the Notary and a Lawyer of Your Own

Many buyers hesitate to bring their own lawyer into a transaction with a developer. The reasons are familiar: concern that the developer will interpret it as a lack of trust, a feeling that "a lawyer is already included in the price", and sometimes also concern that the lawyer will find a problem with a property they have already fallen in love with. But a problem discovered before signing is a matter for negotiation or an orderly parting of ways. A problem discovered after signing is a lawsuit.

1Whom does each party represent in a real estate transaction in Romania?

In a typical transaction with a developer there are four legal actors, and only some of them work for you:

The notary's involvement is mandatory: under Article 1244 of the Civil Code, an agreement that transfers a right in immovable property registered in the land book must be made by an authentic instrument. But the notary does not check the developer, the price or what is happening on the ground for you. And even an honest and professional lawyer paid by the developer remains the developer's lawyer.

2What should the independent lawyer check before you pay?

Everything. A developer who refuses to show a document to the buyer's lawyer is thereby providing important information. These are the matters worth putting on the table:

1. The building permit, and that it has been registered in the land book.
2. The unit's land book extract. Under Law 207/2025, the preliminary contract is signed only before a notary, and only after the permit has been registered and an extract issued for the unit. The extract is ordered from ANCPI.
3. The reservation agreement: up to 5% of the price and up to 60 days.
4. The dedicated account. Advance payments go into a separate bank account designated for the project. The law does not limit the total of advance payments, but it limits the developer's spending from the account: up to 25% of the price at the structure stage and up to 20% at the systems stage. The lawyer checks that each payment in your schedule is linked to a construction stage that can be verified.
5. The price and what it includes: VAT, fees, the notary's fee. If it says the price includes a lawyer, find out whose.
6. The handover date: what happens in case of delay, from when compensation runs and when a right to cancel arises.
7. The ownership structure. An Israeli without a European passport cannot hold land in their private name (Article 44(2) of the Romanian Constitution and Article 6 of Law 312/2005). In a private name: the house yes, and the land only through a right of superficies (Superficie). Through a Romanian company (SRL): everything, even when all the shares are held by a foreigner. This is a personal decision, and for it you need a lawyer of your own.
8. The management arrangement after handover, if the developer or a party on its behalf will manage the compound: the management principles document, the management fees and the exit terms.
9. The jurisdiction clause: in which country and in which forum a dispute will be heard. A small clause at the end of the contract, with major implications.

3When do you bring your own lawyer into the transaction?

Before the first payment, that is, before the reservation agreement. It is worth dividing the review into stages:

4How do you make sure the lawyer really represents you?

1. Check that they are registered. Under Law 51/1995 on the legal profession, only someone registered with a bar that is a member of UNBR, the National Union of Romanian Bars, may practise the profession.
2. Ask: "Who pays you?" The answer should be: you alone. Ask for a written declaration that they do not represent the developer and do not receive a commission from it.
3. Sign a detailed engagement agreement: scope of work, language of the report, timetable and what is not included.
4. Give them the list of documents above, and request them from the developer in writing.
5. Ask for a written review report before paying the reservation fee, and not a telephone confirmation that "everything is fine".
6. Not attending the signing? A notarial power of attorney, with an apostille and a certified translation, to someone who represents you and not the other side.

5What happens when your lawyer asks to change clauses?

That is what they are there for. A serious developer will not promise in advance that every clause will change, but should give a written answer to every comment, including an explanation of what will not change. This process is best completed before the first payment, while you still have bargaining power and the option of walking away without loss.

6Before signing: what we recommend

A buyer's protection in Romania is built from three components: a lawyer whom the buyer chooses and pays, a neutral notary, and the mechanisms of Law 207/2025, which since 25 August 2026 appear in Article 422(6) to (11) of the Planning and Construction Code (Law 169/2026). When we accompany Israeli buyers in transactions unrelated to projects in which we have an interest, we work alongside a locally licensed Romanian lawyer and a notary, and make sure that all the documents have been reviewed before the first payment.

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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.