[BUYING AND SELLING REAL ESTATE IN ROMANIA]
194
Eligible land must be classified as quality class III, IV, or V and fall under the use categories of arable land, pasture, vineyards, orchards, or land improved by reclamation works. Construction is permitted based on a valid building permit and approval for the temporary or permanent removal of the land from agricultural use, which is deemed to occur at the time of issuance of the building permit, subject to certain tariffs. In the case of the development of renewable energy projects, agricultural land located outside a built-up area (extravilan), with the exception of land classified as arable, may be used in a dual system for both agricultural production and the generation of electricity from renewable sources. In such cases, the permanent or temporary removal from agricultural use may apply only to the portion of land occupied by the investment objectives, while the remaining area shall remain in agricultural use. Another amendment aiming to facilitate the development of renewable power generation projects was introduced by Law no. 159/2022, into Law no. 50/1991 on the authorization of construction works, to provide that building permits may be issued without land planning documentation for the production of electricity from renewable sources and hydrogen. For the same purpose as above, a similar amendment was brought by Law no. 166/2023 to the provisions of Law no. 350/2001 on regional planning and urbanism. Thus, the right to build was granted, even in the absence of approved urban planning documents, for construction works of renewable sources electricity and hydrogen production and storage capacities, located either in urban or rural areas, including transforming capacities, cables and
installations for their connection to the public utility grid. The legislation changes mentioned above led to a simplification and streamlining of the authorization process for economic operators that invest in energy production capacities from renewable sources. The process was simplified further with the implementation of Government Emergency Ordinance 140/2022 regarding a single industrial licence. Thus, economic operators who invest in renewable energy production capacities are able to apply for a single industrial licence, which grant in a single procedure, carried out by electronic means, through the Single Electronic Contact Point for Industrial Licence, all licences, authorizations, agreements, notices, or permits necessary to carry out energy production activity. The building permit for energy production, transportation, and distribution facilities was included in a single industrial licence starting on 1 January 2025. III. Conclusion of the Purchase Agreement Validity requirements on the form of the purchase agreement. All in rem rights over real estate (including ownership) must be transferred through authenticated agreements concluded before a Romanian public notary, under the sanction of absolute nullity of the agreement. The notary public may be chosen by either of the parties. An agreement relating to rights in rem over real estate property located in Romania must be governed by Romanian law. The persons who sign the agreement before the notary public must have proof of identity (ID Card, Passport, etc.) and, if the case may be, proof of power of attorney (which must also be authenticated by a notary public and must expressly give power to sell/purchase the specific property). If the buyer/seller is a legal
ILN Real Estate Group – Buying and Selling Real Estate Series
Made with FlippingBook Online newsletter