ILN: Buying and Selling Real Estate - An International Guide

[BUYING AND SELLING REAL ESTATE IN ROMANIA]

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removal from agricultural purposes category. 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 to produce electricity from renewable sources and hydrogen. For the same purpose as above, a similar amendment has been brought by Law no. 166/2023 to the provisions of Law no. 350/2001 on regional planning and urbanism. Thus, the right to build will be 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 lead to a simplification and streamlining of the authorization process for economic operators that invest in energy production capacities from renewable sources. The process will be simplified further with the implementation of Government Emergency Ordinance 140/2022 regarding the single industrial license. Thus, economic operators who invest in renewable energy production capacities will be able to apply for a single industrial license, which will grant in a single procedure, carried out by electronic means, through the Single Electronic Contact Point for Industrial

License, all licenses, authorizations, agreements, notices, or permits necessary to carry out the energy production activity. The building permit for energy production, transportation, and distribution facilities will be included in the single industrial license starting January 1 st , 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 a 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 entity, proof of status of the company must also be provided. The notary shall verify the status of the property and shall obtain an authentication excerpt from the relevant Land Book which shall block any further registrations in the Land Book until the agreement is registered after signing. All the Land Book registrations/de-registrations in respect of the ownership title shall be carried out by the notary public.

ILN Real Estate Group – Buying and Selling Real Estate Series

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