What you are buying and from whom
A property transaction begins with precise identification of the asset and its seller. The apartment, land, parking space and storage areas may have different legal positions. Marketing materials should be checked against the documents before a reservation fee or advance is paid. The references on future homes, reservations and advance payments were updated on 5 November 2026.
The review concerns both ownership and whether the property can be used for the buyer’s intended purpose. The same questions matter for a home, commercial premises or an investment intended for letting.
Title and the land register
The land register extract shows existing entries, but should be read together with the acquisition deed and cadastral documentation. Check the owner’s identity, authority to sign, ownership shares, mortgages, restrictions and any recorded disputes. The ownership history may indicate a need for further documents.
Superficies, usufruct, habitation rights and easements may affect use of the property. For example, the existence of a building does not automatically mean the seller also owns the land. Access to a public road and rights over shared routes should be clarified, including where promised in marketing materials.
Permits, floor areas and construction status
For a building, the permit, acceptance documents and cadastral entries should be compared with the property as presented to the buyer. Layout alterations, extensions and changes of use may require separate checks. For land, planning status and the conditions for authorising the proposed project matter.
Legal due diligence should be coordinated with technical inspections by specialists. Documents alone do not establish construction quality. Permanent utility connections, access, the building’s technical file and documents to be handed over by the seller are also relevant.
Future homes and the current legal framework
The current provisions on future homes are in Article 422(6)–(11) of Romania’s Spatial Planning, Urban Planning and Construction Code (Law No. 169/2026). The developer’s separate-account obligation appears in paragraph (10). Article 22 of Law No. 10/1995 was repealed by Article 576(3)(c) of the Code; Law No. 207/2025 remains relevant to the legislative history. Existing preliminary agreements require a separate assessment of their date and applicable legal framework.
For future condominium units and individual homes covered by the law, the developer may enter into a sale promise once the prescribed formalities have been completed: recording the building permit, preliminary subdivision of the condominium and opening land register records for the future properties, as applicable.
The sale promise must be executed as a notarised authentic instrument, using the appropriate land register extract. The notary requests its registration on the date of execution or, at the latest, the next working day. Registration of a future property does not certify completion of the building.
Reservation agreements: no more than 60 days and 5% of the price
A reservation agreement under Article 422(9) of the Code may last no more than 60 days. The payment is credited against the price and may not exceed 5% of it; a breach renders the reservation agreement absolutely null and void.
If the sale promise or sale is not concluded before expiry solely through the developer’s fault, the developer must refund the entire amount within 30 days. The document should clearly identify the reserved property, price and applicable conditions; the consequences of the buyer withdrawing require separate analysis.
Advance payments and the developer’s use of funds
Under Article 422(10) of the Code, advances under the sale promise must be paid into a separate bank account held by the developer and dedicated to the project. Their use is subject to the project purpose and confirmation by the responsible person or site supervisor.
The limits of 25% of the price for the structural works and, after their completion, 20% for installations concern the use of funds. They should not be presented as a general 45% ceiling on the advance a buyer may pay. A separate account does not, by itself, guarantee repayment.
Essential clauses to review before signing
The date of the document matters. New formalities do not automatically invalidate earlier sale promises; the applicable law and transitional rules must be checked. At every stage, the contract should make obligations and the consequences of delay clear.
- Property identification, area, ancillary spaces, shared ownership interests and handover conditions.
- Price, taxes, payment dates, the buyer’s financing and discharge of encumbrances.
- Deadlines, permitted changes, defect remedies and refunds.
How legal due diligence can help
Murar și Asociații can review documents, identify legal risks and assist with negotiation. Findings should be translated into specific signing and payment conditions, in coordination with the notary and technical specialists involved.
Useful questions
Is a land register extract showing no encumbrances sufficient?
No. It must be assessed alongside the title, construction documents, cadastral position and transaction terms.
Is a future apartment with a cadastral number complete?
No. Cadastral identification of a future property is distinct from construction acceptance, final subdivision into units and lawful handover.
Legal sources
- Spatial Planning, Urban Planning and Construction Code — Law No. 169/2026 — Article 422(6)–(11): future homes, reservations and advance payments; Articles 575–576: commencement and repeals; Article 583(3): corresponding references. The cited provisions were read in context.
- Law No. 207/2025 — Legislative history of the rules introduced in Article 22 of Law No. 10/1995 and amendments concerning land registration. For the current reservation and advance-payment rules, see Article 422 of the Code.
- Civil Code — Law No. 287/2009, consolidated version — Article 6: temporal application; Article 885: land registration; Article 1244: authentic form. Rights in rem must be checked against the instrument creating them and the land register.
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.