It is important to note that Ukrainian citizens who wish to purchase an apartment in Romania can conclude a sale-purchase agreement for this purpose only under certain conditions. Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in real estate and construction law in Romania to assist Ukrainian citizens with the legal steps for the acquisition of private property in Romania and to provide consultancy to be compliant with the provisions of Law no. 312/2005 regarding acquiring ownership right in Romania for non-EU citizens.
The purchase of private property in Romania, such as an apartment or house, industrial hall, or building offices can be made by Romanian citizens, EU Member states citizens, as well as foreign citizens in certain conditions.
According to Law no. 312/2005 regarding acquiring ownership right in Romania by foreign citizens and stateless persons, foreign companies, non-resident citizens, non-resident stateless persons residing in an EU Member state, as well as by non-resident companies, established by the law of an EU Member state, such may acquire the ownership right in Romania over lands to establish secondary residences or secondary establishments.
In addition, according to Law no. 312/2005, foreign citizens, stateless persons, and companies established in non-EU countries may acquire ownership rights in Romania, under conditions regulated by international treaties, based on reciprocity.
Pavel, Margarit and Associates Romanian Law Firm provide legal services of the highest quality through specialized lawyers in real estate and construction law in Romania who can assist Ukrainian citizens with preparing a real estate due diligence report that includes information on the characteristics of the private property, risks, restrictions for acquisition, with drafting the pre-sale and purchase or sale and purchase agreement in Romania and providing legal assistance and representation in the negotiation process for concluding the sale and purchase agreement in Romania.
Taking into account that Ukraine did not conclude an international treaty with Romania, Ukrainian citizens who wish to conclude a sale and purchase agreement in Romania for an apartment can acquire ownership rights in Romania over the apartment using a superficies agreement over the land on which the apartment is located. However, each situation must be analyzed separately and no generally valid solution can be provided for all non-EU citizens, irrespective of the specific option chosen to acquire ownership rights in Romania.
Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in real estate and construction law in Romania to carry out real estate due diligence for Ukrainian citizens and to guide them to be compliant with the conditions required by the law with the aim of acquiring private property in Romania.