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Buying property in Romania by a non european citizen

I am a romanian married to a turkish citizen living/working in India. I own an appartment in Bucharest and would like to buy other property as investment. I would like to know if my husbands presence is mandatory, because I heard different opinions from the agencies. I would be very grateful If any expat that bought a property or not, can give me some info (does he have the right as a non EU citizen to buy property, which taxes will apply as I am already owner, do we need a lawyer just to be safe).

Anyone can buy an apartment. Non-Romanian citizens can't own land. So if he wants to invest in apartments, it shouldn't be a problem. The only slight technicality is that with most apartments, the owner also buys a small amount of land under the building (could be a square meter or something like that) which he technically couldn't buy, but it's no major loss.

hello
you dont need a lawyer. you need a notary. the notary have to know the actual laws and can give you the exact informations.

Hi and thanks for the reply.
Yes, the only thing is if you want to buy from a real estate developer, you cannot chose, he pushes you towards their own notary.

Andreea Daniela :

Hi and thanks for the reply.
Yes, the only thing is if you want to buy from a real estate developer, you cannot chose, he pushes you towards their own notary.

Of course you can choose, it's YOUR money!

It's also in the law, I think, that the buyer chooses the notar.

Maykal :

It's also in the law, I think, that the buyer chooses the notar.

Actually the law, if I'm not mistaken, says that no one may impose their notary on another party.  The buyer/seller should agree on one that is trusted.  However, since it's the buyer that is often paying the notary for the transaction,  I'd say that they should have the power in the negotiation.

I've read too many stories about crooked real-estate developers, working in cahoots with partner notaries,  I certainly wouldn't let myself be backed into a corner by a seller.  If the seller won't budge from "their" notary, I'd consider that a red flag.

Maykal :

Anyone can buy an apartment. Non-Romanian citizens can't own land. So if he wants to invest in apartments, it shouldn't be a problem. The only slight technicality is that with most apartments, the owner also buys a small amount of land under the building (could be a square meter or something like that) which he technically couldn't buy, but it's no major loss.

Non-Romanians cant own land? Based on what legal provisions did you conclude that?

Mark_W :
Maykal :

Anyone can buy an apartment. Non-Romanian citizens can't own land. So if he wants to invest in apartments, it shouldn't be a problem. The only slight technicality is that with most apartments, the owner also buys a small amount of land under the building (could be a square meter or something like that) which he technically couldn't buy, but it's no major loss.

Non-Romanians cant own land? Based on what legal provisions did you conclude that?

This is no longer the case, since 2012 I believe.

Mark_W :

Non-Romanians cant own land? Based on what legal provisions did you conclude that?

I meant non-EU citizens, although I suspect you know that perfectly well. I apologise for any stress caused.

Let me rephrase that: non-eu citizens
cannot own land in Romania? Based on what legal provisions?

Mark_W:

Based on Lege nr. 312/2005, specifically art. 6, which states citizens from non-EU member states cannot own land in Romania as private citizens with the exception of those whose countries have established a bi-lateral agreement with Romania, and then under terms no more or less favourable than those offered by the third-party country' own laws. Romania, as far as I could make out from the MAI website that lists all such treaties, has no such bi-lateral agreement on land ownership with the Republic of Turkey, the country of origin of the person who wishes to buy the land in this post.

However, the law does not prevent him buying the constructions on the land and obtaining a right of use (dreptul de superficie) for the land itself (indeed, I've done this myself on numerous occasions pre-2012 so I can confirm empirically that it is legally acceptable) or opening up a company, if he doesn't already own one, and purchasing the land through said company.

I am not, as I stated earlier, well-versed on how the effect of his marriage to a Romanian citizen affects the law with regard to the acquisition of land and this is probably a question the original enquirer should address to a notary public or lawyer specialising in real estate.

Well I can personally speak, and say that non EU citizens married to Romanian citizens can own land since it is a community property state, as I own multiple parcels, also a house, and an apartment.  My name and info appears on all relevant documents as half owner.

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