Can Americans Buy Property in Romania? A Legal Overview for U.S. Citizens 

Yes, American citizens can buy property in Romania, and the process is often more straightforward than many assume, thanks to specific bilateral agreements between the two nations. However, a secure investment requires a clear understanding of the Romanian legal framework, particularly the fundamental distinction between owning buildings and owning the land beneath them. Navigating these rules is key to successfully buying property in Romania, and this guide provides the documented legal overview necessary for any prospective U.S. investor. 

The Legal Foundation: A Bilateral Treaty  

The right for U.S. citizens to invest in Romanian real estate is not primarily based on EU membership, but on a cornerstone international agreement: the Treaty Between the Government of the United States of America and the Government of Romania Concerning the Reciprocal Encouragement and Protection of Investment. This treaty establishes the principle of “national treatment,” ensuring that American investors are treated no less favorably than Romanian citizens in similar circumstances. This right is further enshrined in the Romanian Constitution, which, under Article 44 (2), permits foreign nationals to acquire private property under the terms of international treaties and other specific laws. 

The Crucial Distinction: Buildings vs. Land  

Based on Law no. 312/2005 regarding the acquisition of private property by foreign nationals, the principle of national treatment for U.S. citizens applies directly and without restriction to structures, but not to the land itself. 

• Buildings and Apartments: A U.S. citizen can purchase apartments, houses, or commercial structures directly, in their own name, through a standard sale-purchase agreement authenticated by a public notary. The process is identical to that for a Romanian citizen. 
• Land (Agricultural or for Construction): Herein lies the key restriction. As a general rule, foreign nationals from outside the EU/EEA cannot acquire ownership of land in their personal name. However, this restriction is not a dead end; it is a legal hurdle with clear, well-established solutions. 

Legal Solutions for Land Ownership To achieve full ownership of a property (both house and land), a U.S. citizen can use one of the following legal structures: 

1. Establishing a Romanian Company (SRL)  

This is the most common, secure, and recommended method. The process, governed by the Romanian Companies Law no. 31/1990, involves setting up a Romanian limited liability company. 

• How it works: The company, being a Romanian legal entity, can acquire and own any type of land in Romania without restriction. The U.S. citizen can be the sole shareholder and director of this company, thus maintaining full control over the company and its assets, including the real estate. 
• Benefits: This structure provides a clear title to the property, offers a liability shield, and creates a formal vehicle for any future transactions or local business activities. 

2. The Right of Superficies  

A more complex legal mechanism, the Right of Superficies is defined by Article 693 of the Romanian Civil Code. It is a real right that allows a person to own a building constructed on another person’s land. While legally sound, this option is less common for new acquisitions as it creates a split ownership structure that can complicate financing and future sales. For full control and simplicity, the company method is vastly superior. 

The Purchase Process: Essential Legal Due Diligence  

Regardless of the legal structure chosen, a thorough due diligence investigation conducted by your lawyer is non-negotiable. This process protects you from potential liabilities and ensures the property is free of legal issues. Key verifications include: 

• Title Search: An official excerpt from the Land Registry, managed by the National Agency for Cadastre and Land Registration, is analyzed to confirm the legal owner, verify the property description, and identify any mortgages, legal disputes, or third-party rights (encumbrances). 
• Fiscal Certificate: This document from the local tax authority confirms that all property taxes are paid to date. A seller cannot legally transfer property with outstanding tax debts. 
• Urbanism Certificate: This reveals the property’s zoning status, confirming whether it can be used for residential or commercial purposes and detailing any restrictions on construction or modification. 
• Energy Performance Certificate: This certificate is mandatory for completing the transaction for most types of buildings. 

The Role of the Public Notary  

In Romania, all real estate transactions must be authenticated by a public notary to be valid. The notary’s role, as defined by Law no. 36/1995, is to act as a neutral public official who verifies the parties’ identities, confirms the seller’s ownership, and ensures the contract complies with the law. However, the notary does not represent your interests. They will not negotiate the price, advise on contractual risks, or perform the in-depth due diligence necessary to protect you as a buyer. That is the exclusive role of your attorney. 

Why Specialized Legal Assistance Is Crucial  

The process of buying property in Romania as a U.S. citizen involves navigating international treaties, Romanian corporate law, and complex real estate regulations. At Darie, Manea & Associates, we have extensive experience assisting American and other international clients with their real estate investments. Our services include: 

• Advising on the optimal legal structure for your investment. 
• Establishing Romanian companies efficiently and correctly. 
• Conducting comprehensive due diligence reports to identify and mitigate all potential risks. 
• Drafting and negotiating sale-purchase pre-contracts and final contracts to protect your interests. 
• Assisting you through the final signing procedure at the notary’s office. 

For a U.S. citizen, buying property in Romania is not only possible but is a well-trodden and secure path when navigated correctly. The key lies in understanding the legal framework and engaging expert legal counsel to set up the appropriate ownership structure and perform meticulous due diligence. With the right legal partner, your Romanian real estate investment can be a secure and rewarding venture. 

If you are a U.S. citizen considering an investment in Romanian real estate, contact our team of experienced attorneys. We provide comprehensive legal support, from corporate setup to due diligence, ensuring your investment is secure and legally sound.