Selling real estate in Romania as a non-resident is a straightforward process, as the country imposes no specific restrictions on foreign nationals selling property they legally own. The system is highly formal, relying on state-appointed notaries to ensure legal security.
1. The Legal and Regulatory Framework
In Romania, there is no solicitor-led conveyancing system; instead, all property transfers must be authenticated by a licensed Notary Public (notar public).
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Mandatory Notarization: A notary is the only official empowered to finalize the sale. They perform due diligence, verify the title, and ensure the transaction is registered with the Land Registry (Carte Funciară).
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Tax Identification Number (NIF/CIF): Before you can sell, you must obtain a Romanian tax identification number from the National Agency for Fiscal Administration (ANAF). If you are not a resident, this is an essential administrative step.
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Remote Transactions: You do not need to be present in Romania to sell. You may grant a Power of Attorney (PoA) to a trusted representative, which must be notarized and likely apostilled or legalized to be recognized in Romania.
2. Tax Obligations
Romania applies specific taxes on the transfer of real estate, which are typically calculated based on the sale price and the length of ownership.
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Transfer Tax:
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1% of the sale price if the property has been owned for more than 3 years.
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3% of the sale price if the property has been owned for less than 3 years.
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Tax Exemptions: If you inherited the property, no tax is due if the inheritance procedure is finalized within two years of the previous owner’s death; if completed after two years, a 1% tax applies.
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Double Taxation: Romania has double taxation treaties (DTTs) with over 80 countries. You should investigate whether you can claim a foreign tax credit in your country of residence for the taxes paid in Romania to avoid double taxation.
3. Repatriating Your Funds
Romania has an open financial system, and there are no specific currency controls preventing the repatriation of sale proceeds.
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Banking: While not legally required to have a Romanian bank account to own property, having one can facilitate the receipt of funds and subsequent international transfers.
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Documentation: Ensure you keep all records of your original purchase and the notarized sale agreement. Banks often require these documents to satisfy Anti-Money Laundering (AML) and “know your customer” (KYC) requirements when processing large international transfers.
4. Preparing for Sale: A Checklist
To ensure a smooth settlement in the 2026 market, complete these steps early:
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Obtain/Verify NIF/CIF: Confirm your tax identification number is active with ANAF.
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Gather Mandatory Documents:
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Original Title Deed: Proof of ownership.
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Cadastral Plan: Up-to-date documentation from the Cadastre Office.
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Energy Performance Certificate: Mandatory for buildings over 50 m².
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Fiscal Certificate: Obtained from local tax authorities, confirming no outstanding debts.
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Association Certificate: If in a block of flats, confirming all maintenance bills are paid.
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Engage a Notary: Select a notary early to review your documentation and provide an accurate estimate of notary fees (typically 0.5%–2% of the transaction value).
Disclaimer: This guide is for informational purposes and does not constitute formal legal or tax advice. Romanian tax laws are subject to change, and specific situations may vary. Please consult with a licensed Romanian notary or a qualified tax professional before proceeding.
Are you currently in the process of gathering your property’s legal documentation, or are you looking for guidance on finding a notary in Romania to assist you?