Acts required for the sale of property

For the sale and purchase of property, the seller must provide the following documents in accordance with the rules in force:

• identity document;
• the deed for the building – this may be: a deed of donation, a deed of succession or a contract of sale;
• tax certificate – obtained from the tax authority where the annual apartment-related tax is paid, in order to prove that the owner is recorded as having no debts;
• land registry documentation (cadastre and land registration) – prepared by an authorised person from the National Agency for Cadastre and Land Registration, including the apartment measurements and technical details;
• extract from the land register (attesting to the legal status of the apartment) – obtained by the notary office from the Cadastre and Land Registration Office (OCPI) at the request of the apartment seller who needs to submit the following documents to that effect: identity card, application form, copy of the land registration conclusion;
• energy performance certificate – issued by an energy auditor for buildings certified by the Ministry of Public Works, Development and Administration;
• a certificate issued by the owners’ association – demonstrating absence of maintenance and common utilities debts;
• the last utilities invoices – showing the seller’s up-to-date payment of utilities;

A contract of sale for an apartment or house can normally be concluded within 3 to 4 days, or in 2 days in urgent cases. It can be concluded at any notary public in Romania.

In the sale process, the notary public’s main role is to verify the actual relationship between the parties with regard to the act they want to conclude and whether their purpose is in accordance with the law and to provide them with the required guidance on its legal effects. Moreover, the notary must ask the parties, wherever appropriate, to provide the supporting documents and authorisations needed to conclude the act, or may obtain the necessary documentation himself at the parties’ request. The parties involved in the sale process are free to choose the notary who will authenticate and possibly draft the contract of sale.

The acts under which rights are conferred and which are subject to securities or land registration must be reported immediately to the place where such records are kept by the notary public, the latter making all the necessary arrangements on behalf of the holders to carry out all registration proceedings. In the fulfilment of his obligations, the notary public has free access to the securities and land registration offices.

The sale of a dwelling can be a very complex process, with operational, administrative, legal and financial difficulties being likely to occur at the beginning of the process and after the contract of sale has been signed. In order to avoid an unpleasant situation, you can call on the services of an estate agency and benefit from several advantages:

• the assistance of a professional;
• property valuation services;
• advertising and promotion;
• completion of the sale process.

Buyer taxes and obligations

The buyer must pay the price of the apartment and receive that apartment, being liable to pay the sale-related costs.

Notary fees

The notary fees for sales and purchases vary according to the method of paying for the apartment (without a loan; with a mortgage or a loan contracted under the First Dwelling Programme) and the value of the apartment.

The land registration fee

In addition to the notary fee, the buyer will also pay the land registration fee (charged by the National Agency for Cadastre and Land Registration – NACLR), equating to 0.15% of the apartment price. The notary public carries out the land registration on behalf of the new owner after the contract of sale has been concluded. If the sale of an apartment goes through an estate agency, both the seller and the buyer will pay a commission. As a rule, the estate agency’s commission ranges between 1% and 3% of the value of the apartment purchased and is paid by the buyer.

What fees are paid when selling an apartment?

In order to issue the documents needed to sell the building, the seller must pay a fee, to which the tax charged by the State is added (for the sales transaction).

Where the seller has used an estate agency for help in selling the apartment, they will pay the commission charged, which may range between 1% and 3% of the apartment’s sale price. This commission is also applicable, under certain circumstances, to the buyer.

What kind of fees must be paid when becoming the owner?

Any person who owns a building located in Romania must pay an annual tax on that building:

• owner’s tax on building and user’s tax on building;
• owner’s tax on land and user’s tax on land.