Ilan Leibovitch & Co.Lawyer and real estate developer
RomaniaRisks and pitfalls

A Plot on the Route of a Road or Public Project in Romania: How Expropriation Works, What the Compensation Is and How to Check in Advance

When a plot in Romania lies on a road or infrastructure route: Law 255/2010 and Law 33/1994, frozen permits, compensation, appeal and checks before buying.

By Adv. Ilan LeibovitchUpdated: 7 min read
Risks and pitfallsPl. I

In brief

In Romania, private property may be expropriated only for a public utility established by law and against fair and prior compensation (Constitution, Article 44(3)). For most infrastructure projects, such as roads, railways, water and energy, Law 255/2010 applies: ownership passes by an administrative decision after the compensation has been deposited, and in court only the amount can be disputed. The route is approved by an official decision and appears in the urban planning certificate, in the plans and in the land book, so it can be checked before buying.

Key takeaways

  1. 1Law 255/2010 applies to most infrastructure projects; Law 33/1994 is the general law, under which expropriation is carried out by court judgment.
  2. 2Once the list of properties on the route is sent to the local authority, no permits may be issued for them; if the expropriation is not approved within two years, the prohibitions are deleted (Article 13).
  3. 3Contracts signed after publication of the decision on the amount of compensation are void (Law 255/2010, Article 29(1)).
  4. 4The compensation is deposited before the expropriation decision and paid within 90 days of the decision on its amount; the amount can be appealed, the transfer of ownership cannot.
  5. 5Under Law 169/2026, the urban planning certificate and the general urban plan include data on properties earmarked for expropriation.

Anyone buying a plot or a house near a developing area often hears about a new road, an interchange or a water line that is due to pass nearby. Sometimes that is a reason to buy. But if the route crosses the plot itself, the question is no longer future value, but whether you will be able to build, to sell, and with what compensation.

The good news: in Romania, expropriation almost never surprises someone who has checked. It begins with an official decision approving a route and a list of properties, and the information appears in documents that can be obtained before signing.

When may private property be expropriated in Romania, and under which law?

Only for a public utility established by law, and only against fair compensation paid in advance, as Article 44(3) of the Constitution provides. The procedure is governed by two laws, each with a different logic:

IssueLaw 33/1994Law 255/2010
ScopeExpropriation for public utility in generalNational, county and local infrastructure as listed in Article 2: roads, railways, metro, airports, water and sewerage, energy, hospitals and more
Who decidesThe court (Article 1)The expropriating body, by an administrative decision (Article 9)
When ownership passesWhen the expropriator has fulfilled what the judgment set (Article 28(1))On the day of the expropriation decision, after the compensation has been deposited (Article 9(4))
What can be appealedThe expropriation and the compensationThe amount of compensation only (Article 22(1))
If the project does not go aheadFormer owners may ask for the property back if it is not used within one year (Articles 35 to 37)The question requires a case-by-case check

In practice, a plot on the route of a road or infrastructure line will almost always be dealt with under Law 255/2010, so the rest of this guide focuses on it.

Once the list of properties on the route is sent to the local authority, no permits may be issued for them; if the expropriation is not approved within two years, the prohibitions are deleted (Article 13).

Key takeaways

How does a plot come to be on an expropriation route?

Law 255/2010 sets four stages (Article 4):

  1. Approval of the project and the route. A decision of the government, or of a county or local council, approves the project, its location and the commencement of expropriation (Article 5(1)), and with it the expropriation corridor (culoar de expropriere) and the list of plots within it (Article 5(3)).
  2. Deposit of the compensation and notice. An amount for each owner is deposited in advance (Article 7). Owners receive a letter, and the list is posted at the local authority and published on the expropriating body's website. Within 20 days, documents proving ownership are submitted, and the vacating period set in the notice is at least 30 working days (Article 8).
  3. Transfer of ownership. The expropriation decision is issued within 5 working days of the end of the time limits (Article 9(1)), even if the owners did not respond or did not agree to the amount (Article 9(3)). From that day the plot belongs to the expropriator, provided the money has already been deposited (Article 9(4)).
  4. Completion. Anyone claiming a right in the property proves it before a commission (Article 18). Once the amount has been set in a decision, the money must reach the owners within 90 days of it (Article 21).

The procedure is not halted by a dispute over possession or ownership of the property (Article 13(2)). Such a dispute is resolved before the commission and in court, but the expropriation continues.

Bucharest

From what stage can you no longer build or buy?

This is the critical part for the buyer, because the law freezes plots on the route even before ownership passes:

  • No permits. As soon as ANCPI, the cadastre agency, sends the local authority the list of plots on the route, the authority is barred from granting them a building permit or any other approval (Article 13(1)), and permits granted too late are void (Article 30(1)).
  • No inclusion in the built-up area. After the project approval decision has been published, a plot on the route that lies outside the built-up area (extravilan) cannot be included in it (intravilan); such a decision is void (Article 29(2)).
  • Void transactions. From the moment the decision on the amount of compensation is published, a contract of sale of the property is not valid (Article 29(1)).
  • The freeze is limited in time. If the start of expropriation is not approved within two years of the list being sent, the prohibitions lapse and are deleted from the land book (Article 13(3)).
What this means for someone who has already bought

If the plot comes onto the route after the purchase, the procedure will apply to you as the registered owners: notice, 20 days to submit documents, and compensation. A building plan that has not yet received a permit will be stopped from the stage at which the list was sent to the local authority. In such a situation, contact a lawyer in Romania immediately.

How is the compensation set, and how do you appeal it?

The first offer is prepared by a licensed appraiser who is a member of ANEVAR, the Romanian association of valuers, who among other things relies on the chambers of notaries' grid (Law 255/2010, Article 11(7) and (8)).

  • What the compensation consists of. Under Article 26 of Law 33/1994, it includes the real value of the property and the damage caused to the owner, taking into account the price at which similar properties are usually sold in the same local authority. According to a binding ruling of Romania's High Court (HP 78/2021), even in proceedings under Law 255/2010 the court considers both the notarial values and the criteria of Article 26.
  • Appeal. An owner who thinks the amount is too low files a claim; the time limit is the ordinary limitation period, counted from receipt of the decision on the amount. The appeal does not stop the transfer of ownership and cannot challenge it (Article 22(1)).
  • The appeal procedure. The judge is assisted by a commission of three professionals (experți), in which each side has a representative: the court, the expropriating body and the owner (Article 22(5)). No court fee is paid on such a claim (Article 23(1)).
  • Other people's rights in the property. Anyone holding a right of use, a right of habitation or a superficies right (superficie) in the property loses it on expropriation and receives compensation of their own (Law 33/1994, Article 28(3)). A charge on the property passes to the compensation (Article 28(2)).

How do you check a plot before buying?

  1. An urban planning certificate for information (certificat de urbanism). The new Planning Code, Law 169/2026, requires it to include information on planned expropriations where the project requires them (Article 253(4)(a)), and you do not need to be the owner to request it (Article 254).
  2. The general urban plan (PUG) and the zonal plan (PUZ). Article 46(1)(k) of the Code requires the properties proposed for expropriation to be marked in the PUG. We wrote about reading the plans in the guide to checking a building permit and a PUZ.
  3. An up-to-date land book extract. Part III will show whether a prohibition, an expropriation note or a route marking has been registered on the plot.
  4. Decisions of the government and the councils. Search the Romanian legislation portal, and for national road projects also the website of the national road company CNAIR, which publishes an expropriation section for each project, and check the annexes by cadastral number and not only by a general map.
  5. A written enquiry to the local authority. That is where the lists are posted (Article 8(1)), and also where you can get an official answer: whether the plot is within a route, approved or still being planned.
  6. An independent lawyer. Reviews the documents and drafts the protections in the contract.

Which protections should go into the contract?

A contract cannot stop an expropriation, but it can determine who bears a risk that came to light late. Consider:

  • A seller's declaration that they have no knowledge of an expropriation procedure, an approved route or an intention to approve a route affecting the plot.
  • A condition for signing: an up-to-date urban planning certificate and land book extract that show no expropriation data.
  • A mechanism in case the information comes to light between the preliminary contract and the final contract: a right to withdraw and a refund of the down payment.
  • Coordinating dates, so that the final contract is not signed after publication of a decision on the amount of compensation, in which case the transaction is void.

What to do before signing?

When a plot is near an infrastructure project, approved or planned, gather before the down payment an up-to-date urban planning certificate, the applicable plans, a land book extract and the relevant decisions, and set out the declarations and the right of withdrawal in the contract. We accompany Israeli buyers in this check and in framing the questions, together with lawyers and notaries licensed in Romania, who approach the authorities, draw up the contracts and represent owners in compensation proceedings.

General information

This article is general information, current as of October 2026, and is not legal advice for a specific case. The new Planning Code came into force in August 2026, and each expropriation procedure is assessed according to its own decisions and annexes.

Frequently asked questions

Can an expropriation under Law 255/2010 be stopped?

The procedure is not halted by a dispute over possession or ownership (Article 13(2)). After the expropriation decision, the amount of compensation can be appealed in court, but not the transfer of ownership (Article 22(1)).

When is the compensation money received?

The compensation is deposited even before the expropriation decision (Article 7), and payment to the owners arrives within 90 days of the decision on the amount of compensation (Article 21), after they have proved their right before the commission.

Is the compensation calculated at market price?

Under Article 26 of Law 33/1994 the compensation includes the real value and the damage, taking into account the usual price of similar properties in the same local authority. The appraisal under Law 255/2010 also relies on the notarial values, and anyone who disagrees may go to court.

What happens if the project is cancelled?

If the prohibitions were registered and the start of expropriation was not approved within two years, they lapse and are deleted (Article 13(3) of Law 255/2010). In an expropriation under Law 33/1994, a property not used for the purpose within one year can return to the former owners (Article 35).

Read next · 7 min readA Will for an Israeli With Property in Romania: Choice of Law, Form of the Will and Coordination With the Will in IsraelHow to write a will that works for property in Romania: Regulation 650/2012 and choice of law, notarial or handwritten wills, reserved shares, the Israeli will.Read the guide

Sources

  1. Portal legislativ - Constituția României, Legea 255/2010, Legea 33/1994 și Legea 169/2026
  2. CNAIR - Compania Națională de Administrare a Infrastructurii Rutiere
  3. ANCPI - Agenția Națională de Cadastru și Publicitate Imobiliară

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.

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