In brief
In a resale house in Romania the main risk lies not in encumbrances but in the gap between what is built on the ground and what is registered and permitted: a notary can sell a building only if it is registered in the land register, and an addition built without a permit passes to the buyer on the day of signing. Alongside the registration, check the permits and acceptance reports for every part of the house, a local tax certificate, utility bills and the energy performance certificate, and bring in an engineer before signing.
Key takeaways
- 1A notary signs a transfer of a real estate right only when the property is registered in the land register, with narrow exceptions (Law 7/1996, Article 36).
- 2A house built before 1 August 2001 is registered on the basis of a local tax certificate and a survey file; later construction needs a permit and acceptance (Article 37).
- 3The seller must hand over a copy of the energy performance certificate before the contract; without it the buyer may seek annulment (Law 372/2005, Article 22).
- 4A hidden defect in a building must come to light within 3 years of handover, and the seller must be notified within a reasonable time (Civil Code, Articles 2531 and 1709).
- 5An engineer's report dated before signing is the best evidence of what was visible and what was hidden.
Someone buying a new house from a developer receives an orderly file: a current permit, an acceptance report and a list of parties responsible for defects. Someone buying a house that is 20 or 40 years old from a private individual receives something entirely different: all the decisions of the previous owners. The room added without asking anyone, the roof that was replaced, the old boiler and the bill that was not paid.
This guide does not repeat the general due diligence, such as reading the extract or checking encumbrances. It focuses on the questions that hardly arise with a new house, and that are the heart of the matter with a resale house.
How does a resale house differ legally from a new house?
| Subject | New house from a developer | Existing house from a private individual |
|---|---|---|
| Registration of the building | Registered after acceptance, on the basis of the permit | Registered years ago, sometimes without additions built later |
| Permit and acceptance | New and gathered in one file | May be old, partial or missing for part of the house |
| Liability for defects | The seller under the Civil Code, and in addition the builders for 10 years and for the structure for the life of the building | The seller under the Civil Code; the builders only if the house is relatively new |
| Energy certificate | Issued on acceptance of the building | The seller must hand it over on the sale |
| VAT | Included in the price | Usually does not apply to a sale by a private individual |
The first row of the table is the source of most of the problems. From here, the checks in order.
A house built before 1 August 2001 is registered on the basis of a local tax certificate and a survey file; later construction needs a permit and acceptance (Article 37).
Is the built house registered at all, and with what area?
This is the first question, because without it there is no transaction. Under Law 7/1996 on cadastre and land registration (Article 36), a notary signs a transfer of a real estate right only when the property is registered in the land register (Cartea Funciară), with narrow exceptions. There are plots where only the land is registered: the house stands on the ground but does not exist on paper, and it cannot be sold as such.
Even when the house is registered, compare Part A of the extract, which describes the plot and the buildings, with what you see with your own eyes. A 180 sq m house registered as 120 sq m usually indicates an addition that was not registered. A garage, a shed or a second floor must also appear.
| When the part was built | On what basis it can be registered | Statutory provision |
|---|---|---|
| Before 1 August 2001 | A tax certificate from the local authority showing the actual area, and a survey file | Law 7/1996, Article 37(2) |
| From 1 August 2001 onwards | Confirmation from the authority that construction was carried out under a permit and that there is an acceptance report | Law 7/1996, Article 37(1) |
How do you know previous additions and works were done with a permit?
Ask the seller for the building permit (autorizație de construire) and the acceptance report on completion of the works (proces-verbal de recepție) for the original house, and separately for each addition. An extension, an additional floor or an attic converted for living, which needed a permit and did not get one, is a problem that passes to you on the day of signing.
Since 25 August 2026, the construction rules in Romania have been set by the new Planning and Construction Code (Law 169/2026), which repealed Law 50/1991. Some small works are exempt from approval or require notice only, so not every change to an old house requires a permit. The distinction between the routes is explained in our guide on renovating an old house.
- The building's technical book (cartea tehnică a construcției, the technical documentation file). Under Law 169/2026, Article 420(1)(l), the owner must keep it updated and hand it to the new owner on a sale. In old houses it is often missing, and then less is known about what is inside the walls.
- Invoices for major works carried out on the house, such as the roof, electrics or heating.
- Plans for the future. Anyone planning to remove walls or add a floor will need a technical opinion on the existing structure from a person authorised for this (expert tehnic) (Law 169/2026, Article 282). It is worth knowing this before buying and pricing it in.
What do you do when an unregistered addition is discovered?
The addition cannot be registered in the land register on the basis of a permit that does not exist, and it remains a risk for whoever holds the house. This finding is therefore not the end of the deal but a point of negotiation. Ask the local lawyer whether the addition can be regularised, how long it will take and who will bear the cost, and translate the answer into the price, the timetable or an undertaking by the seller before the final contract. When the house itself is not registered, registration must be done before the sale.
Suppose you found a house with a living attic that appears neither in the extract nor in the permit. You can walk away, you can reduce the price by the cost of regularisation and the risk, and you can postpone signing until the seller regularises it. What is not advisable is to sign on the assumption that “everyone does it”.
Which debts and contracts pass with the house?
- Local taxes. The notary asks the seller for a certificate from the local authority that the taxes on the property have been paid. Ask to see it already at the negotiation stage, not on the day of signing.
- Electricity, gas, water and sewerage. The contracts are in the seller's name. Ask for the latest bills and proof of payment, read the meters together on handover day, and transfer the contracts into your name.
- Sewerage. In villages around Bucharest, an old house may be connected to a septic tank rather than to the public network. Ask, and ask to see where the tank is.
Why can the energy certificate cancel a transaction?
Under Law 372/2005 on the energy performance of buildings, the seller must give the buyer a copy of the energy performance certificate before the contract, and the original at the signing (Article 22(1) and (2)). A sale signed without the advance copy may be annulled at the buyer's request (Article 22(4)).
Beyond the formal side, the certificate is a pricing tool. An E or F rating in an old house means that insulation, windows and heating will soon enter your budget. Read it before agreeing a price.
Plot boundaries, structure and systems: what do you check on site?
In a detached house it is also worth comparing the plot itself: the area and dimensions in the extract against the actual fence line. Such a discrepancy is easily discovered before buying, and hard to resolve afterwards.
Bucharest and Ilfov county are in an area affected by the Vrancea earthquakes. A low-rise house is a different risk from a tall old building, but its age, materials and the changes made to it alter the picture. So bring in a structural engineer before signing, and in an old house an electrician as well.
| What to check | Suspicious signs | Who checks |
|---|---|---|
| Roof | Damp stains beneath it, sagging, old tiles and gutters | A roofer or engineer |
| Walls and foundations | Diagonal cracks or cracks around windows, damp at the base of the wall | A structural engineer |
| Damp and mould | Smell, stains in corners and behind furniture | An engineer |
| Electrics | An old panel, few circuits, no earthing | A licensed electrician |
| Heating and plumbing | An old boiler, chimney, old pipes, water pressure, drainage | A heating technician and a plumber |
None of these findings is an automatic reason to walk away. Each of them is a reason to measure, price and negotiate.
And if a defect is discovered after the purchase?
The seller is liable for hidden defects that existed on the day of handover, even if the seller did not know about them, unless the contract provides otherwise (Civil Code, Articles 1707 and 1708). A clause exempting the seller from liability is void for defects the seller knew or should have known about (Article 1708(2)). The seller must be notified within a reasonable time from discovery (Article 1709), and in a building the defect must come to light within 3 years of handover (Article 2531).
What was visible at the viewing is not hidden. An engineer's report dated before signing therefore serves you twice: it reveals problems in time, and it proves what could not be seen.
What should you do before signing?
Before a deposit, you should have an extract you have compared with the house and the plot, permits and acceptance reports for every built part, the technical book if it exists, the energy certificate, the local tax certificate, the latest bills and an engineer's report. In the contract itself, write the price, the list of equipment remaining in the house and the handover date. We accompany Israeli buyers in this review and in framing the questions for the seller, together with licensed lawyers and notaries in Romania, who carry out the checks with the authorities and the signing of the contract and registration under local law. The seller's lawyer, if there is one, represents the seller.
This article is general information, current as of October 2026, and is not legal advice for a specific case. The new planning code entered into force in August 2026. Before a purchase, it is advisable for an independent lawyer and a licensed engineer to check the specific property.
Frequently asked questions
Can you buy a house in Romania that is not registered in the land register?
Under Law 7/1996, Article 36, a notary signs a transfer of a real estate right only when the property is registered, with narrow exceptions. In practice the house must be registered before the sale, so ask the lawyer how long it will take and who pays.
What does an addition without a permit mean in the house I am buying?
It cannot be registered in the land register on the basis of a permit that does not exist, and it remains a risk for the new owner. Check with a local lawyer whether it can be regularised and at what cost, and negotiate the price or the timetable accordingly.
Is an energy certificate mandatory when buying an existing house in Romania?
Yes. Under Law 372/2005, Article 22, the seller must give a copy before the contract and the original at signing. A sale signed without the advance copy may be annulled at the buyer's request.
How long is the seller liable for a hidden defect in a house?
In a building, the defect must come to light within 3 years of handover (Civil Code, Article 2531), and the seller must be notified within a reasonable time after discovery (Article 1709).
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 guideSources
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.