In brief
A pre-emption right (drept de preempțiune) in Romania allows its holder to buy a property before anyone else, at the same price and on the same terms offered to the buyer. Most transactions in a house and plot inside the built-up area carry no such right, but it applies to agricultural land outside the built-up area (Law 17/2014), to a listed historic building (Law 422/2001), to forest land, to leased agricultural property and to a right created by agreement and registered in the land book. In these cases the procedure lasts weeks to months, and the preliminary contract and the payments must be planned around it.
Key takeaways
- 1The holder of a pre-emption right buys at the same price and on the same terms, and the sale to you is signed on condition that the holder does not exercise the right (Civil Code, Articles 1730-1731).
- 2For agricultural land outside the built-up area, the offer is displayed at the local authority for 45 working days, followed by a review and approval; in practice this means months.
- 3For a listed historic building, the Ministry of Culture must announce within 25 days whether it is buying, followed by the local authority within 30 working days; a sale without the procedure is void (Law 422/2001, Article 4).
- 4A co-owner of an ordinary house and a tenant have no general pre-emption right, but a registered lease also binds the new buyer.
- 5A contractual pre-emption right registered in the land book allows its holder to step into your place within 30 days if the price has been deposited.
Israeli buyers are familiar with a seller who changes their mind or finds another buyer. Less familiar is the situation in which the seller wants to sell to you, the price has been agreed, and the law gives a third party the right to take the deal in your place. In Romania this can happen, but only for certain properties and under a defined procedure.
This guide deals with three questions: which properties a pre-emption right applies to, what the procedure looks like and what its deadlines are, and how to plan the preliminary contract around it. We wrote about the restrictions on land acquisition by non-EU citizens in a separate guide on land acquisition by foreigners.
What is a pre-emption right, and what does it do to your transaction?
It is a right to buy a property before anyone else, at the same price and on the same terms offered to the buyer (Article 1730 of the Romanian Civil Code). When someone holds such a right, the sale to you is signed on condition that they do not exercise it (Article 1731). The practical meaning: the price and terms you agree with the seller are exactly what is offered to the holder of the right. Good negotiation can improve the deal for the holder too.
A sale that bypasses a statutory pre-emption right may be void. That is why the notary checks the matter, and why you should check it too before paying.
For agricultural land outside the built-up area, the offer is displayed at the local authority for 45 working days, followed by a review and approval; in practice this means months.
For which properties may someone buy before you?
| Type of property | Who holds the right | Legal basis | If the right is bypassed |
|---|---|---|---|
| Agricultural land outside the built-up area | Seven ranks, from co-owners and relatives to the state | Law 17/2014, Article 4 | The sale is void (Article 16) |
| Privately owned listed historic building | The Ministry of Culture, followed by the local authority | Law 422/2001, Article 4 | The sale is void (Article 4(4)) |
| Private forest land | Co-owners or neighbours | Civil Code, Article 1746 | Under the general rules |
| Leased agricultural property | The agricultural lessee (arendaș) | Civil Code, Article 1849 | Under the general rules |
| Any property, if provided by agreement | Whoever received the right under the contract | Civil Code, Articles 1730, 1737 | The holder steps into your place (Article 1733) |
The good news for anyone buying a house or villa on a plot inside the built-up area of the locality (intravilan): in most cases none of the situations in the table applies. You still check, because a registered private agreement or a listed building can appear there too.
Who is in line for agricultural land outside the built-up area?
Law 17/2014 applies to the sale of agricultural land outside the built-up area (extravilan). It does not apply to land inside the built-up area, nor to a single plot with one cadastral number most of which lies inside the built-up area, as a yard and buildings, and a small part outside it as agricultural land (Article 2(1), in the 2024 wording). Where the law applies, the order of priority is fixed (Article 4(1)):
- First rank: family and co-owners, meaning those who hold the land with you, the spouse, and relatives by blood and by marriage up to the third degree.
- Second rank: whoever farms the plot, whether they invested in it with an orchard, a vineyard, hops or private irrigation, or they lease it.
- Third rank: the neighbours, owners or lessees of agricultural land bordering the plot.
- Fourth rank: young farmers under the age of 40.
- Fifth rank: research institutions, including the Academy of Agricultural and Forestry Sciences.
- Sixth rank: those living in the same locality or a neighbouring one.
- Seventh rank: the state, through the agency that manages its assets.
If none of them buys, the sale is open only to someone who has lived in Romania, carried on agriculture there and been registered with its tax authorities for at least five years (Article 4^1(1)). Only if no such buyer is found may the land be sold to any person (Article 4^1(5)). For citizens of states outside the EU and the European Economic Area, the law permits acquiring such land only under treaties and on the basis of reciprocity (Article 2(3)), and anyone who sells it within 8 years of purchase pays a special 80% tax on the increase in value (Article 4^2).
How long does the pre-emption procedure for agricultural land take?
Months, not weeks. The procedure is made up of stages, each of which adds time (Articles 6 to 10 of Law 17/2014):
| Stage | What happens | Duration |
|---|---|---|
| Filing | The seller asks the local authority to display the offer of sale | At the authority's pace |
| Public display | Right holders who want to buy give written notice | 45 working days |
| Review | The agricultural authority checks the conditions | 10 working days |
| Final approval | Up to 30 hectares issued by the county authority, above 30 hectares by the central authority (Article 9(1)) | 5 working days, and further stages are possible |
| Validity of the approval | Without it the notary does not sign | 6 months (Article 9(3)) |
A six-month validity for the approval is a framework you have to work within. If the buyer needs financing or documents from abroad, all of these are prepared in parallel with the procedure, not after it.
A listed historic building: how does the procedure with the state work?
When the property has been declared a historic monument (monument istoric), the line starts with the state. Article 4 of Law 422/2001 requires a private owner who wishes to sell to first send a notice to that effect. From the moment the notice is registered, the Ministry of Culture or its county services have 25 days to reply that they wish to buy. If they stay silent or waive the right, the turn passes to the local authority, which has 30 working days. The state's waiver is valid until the end of that calendar year, so a sale postponed to the following year may require a new notice.
A sale without this procedure is void (Article 4(4)). In addition, the sale contract must state that the property is a historic monument and the obligation to preserve it (Article 5). Anyone buying an old house in a city centre should clarify this question early.
Do co-owners and tenants have a pre-emption right?
Generally not, and this is a common mistake in both directions:
- A co-owner of a house or apartment. Under Article 634 of the Civil Code, each co-owner may freely transfer their share, unless otherwise agreed. A pre-emption right for co-owners exists for agricultural land outside the built-up area and for forest land. A sale of the whole property, by contrast, requires all the co-owners (Article 641(4)).
- A tenant. A tenant has no right to buy before others. The code gives the tenant priority only in signing a new lease (Article 1828). But anyone buying a let property should know: a lease registered in the land book is also valid against the buyer (Article 1811).
What happens when the right was created by agreement?
A pre-emption right does not have to come from the law. An owner can grant it in a contract, for example to a neighbour or a business partner, and for real estate it is registered in the land book (Article 1737). Such a registered right is strong: its holder may take your place in the transaction within 30 days, provided the price has been deposited (Articles 1732, 1737). It also has limits. It does not pass by inheritance and ends when the holder dies, and even when it was granted for a term, the term cannot exceed 5 years (Article 1740). Only a current extract will show you whether such a right exists.
How do you plan the preliminary contract and the payments?
When there is a chance that a pre-emption right applies, the order matters:
- Check before agreeing. A current extract (extras de carte funciară) shows a registered pre-emption right, a lease or restrictions. An urban planning certificate for information (certificat de urbanism) states whether the property is inside or outside the built-up area, and whether it is a listed historic building (Law 169/2026, Article 253(4)(a)); any person may request it (Article 254).
- Build a realistic timetable. For agricultural land outside the built-up area, allow at least the 45 working days of display and the approval stages, and for a listed building the deadlines of the state and the local authority.
- Draft what happens if the right is exercised. Ask your lawyer to set out in the preliminary contract what happens to the deposit and the expenses if a pre-emption right holder takes the deal, and the date from which you can withdraw if the approval is not obtained.
- Pay according to progress. Do not transfer most of the money before the file contains the final approval or the notice that the right will not be exercised.
What should you do before signing?
Before a preliminary contract, make sure you have a current extract, an urban planning certificate for information and a clear answer as to whether any of the situations in the table applies to the property. If so, ask to see the procedure documents: the final approval under Law 17/2014, or the notices from the state and the local authority for a listed building. We accompany Israeli buyers in the review and in planning the timetable, together with licensed lawyers and notaries in Romania, who carry out the register checks, the procedures with the authorities and the signing.
This article is general information as of October 2026 and is not legal advice for a specific case. Law 17/2014 has been amended several times, and the procedure's deadlines may change. Before signing, it is advisable for a Romanian lawyer representing only you to check the specific property.
Frequently asked questions
Does Law 17/2014 apply to a building plot inside the village?
No. The law applies only to agricultural land outside the built-up area. Land inside the built-up area (intravilan) is not covered by it (Article 2(1)). The classification is checked in the urban planning certificate and in the extract.
How long does the pre-emption procedure for agricultural land last?
The offer is displayed at the local authority for 45 working days, then there is a review of 10 working days and a further 5 working days for approval, and further stages are possible. In practice this means months. The final approval is valid for 6 months.
What happens if a listed historic building is bought without the pre-emption procedure?
Under Article 4(4) of Law 422/2001, the sale of a listed historic building without allowing the state and the local authority to exercise the pre-emption right is void. The notice that the right will not be exercised must be in the file before signing.
Can my co-owner of an apartment prevent me from selling my share?
For an ordinary house or apartment, no. Each co-owner may freely transfer their share, unless otherwise agreed (Article 634 of the Civil Code). A sale of the whole property requires the consent of all the co-owners (Article 641(4)).
I rent the house. Do I have a right to buy it before others?
Not under the Civil Code. A tenant has priority only on renewal of the lease (Article 1828). If the lease is registered in the land book, it remains valid against a new buyer as well (Article 1811).
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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.