Under Law No. 312/2005, the acquisition of land by foreign third-country nationals and legal entities may not occur on more favorable terms than that applicable to the national of a Member State and to the legal person established in accordance with the law of a Member State (reciprocity condition). However, legal entities incorporated or established in Romania may freely acquire land (and any real rights over real estate) for business purposes regardless of the level of foreign capital participation. EU/EEA nationals and legal entities may also acquire land under the same conditions as Romanian nationals and legal entities.
"Chapter I General provisions
Article 1
(1) The object of this law is the regulation of the acquisition of the right of private property over the lands by foreign citizens and stateless persons, as well as by foreign legal entities.
[...]
Article 2
For the purposes of this law, the terms and expressions below have the following meanings:
a) Member State - any Member State of the European Union or of the European Economic Area;
b) third State - any State other than the Member States;
c) resident - the foreigner who has the right of residence on the territory of Romania or, as the case may be, the foreign legal person who has at least one secondary headquarters on the territory of Romania, in accordance with the law;
d) self-employed farmer - any natural person who carries out agricultural or forestry activity, in order to produce vegetable or animal agricultural products, as well as for storage and processing of products obtained from his own activity or who carry out an activity in order to produce products timber and non-timber of the forest fund, as defined by the law in force.
Chapter II Acquisition of ownership of land by nationals of Member States and legal persons having the nationality of such States, as well as by stateless persons domiciled in a Member State or in Romania
Article 3
The citizen of a Member State, the stateless person domiciled in a Member State or in Romania, as well as the legal person constituted in accordance with the legislation of a Member State may acquire ownership of the land under the same conditions as those provided by law for Romanian citizens and Romanian legal persons
[...]
Article 5
1. A national of a Member State, a stateless person domiciled in a Member State or in Romania, as well as a legal person established in accordance with the law of a Member State, may acquire ownership of agricultural land, forests and forest land on completion of a period of 7 years since Romania's accession to the European Union.
(2) The provisions of par. 1. shall not apply to self-employed farmers and shall, as appropriate:
a) nationals of Member States or stateless persons domiciled in a Member State, who are resident in Romania;
b) stateless persons domiciled in Romania. [...]
(4) The persons provided in par. (2) acquire the property right over the agricultural lands, forests and forest lands in the same conditions as those applicable to the Romanian citizens, from the date of Romania's accession to the European Union.
[...]
Chapter III Acquisition of ownership of land by foreign nationals, stateless persons and legal persons belonging to third countries
Article 6
1. The foreign national, the stateless person and the legal person belonging to third States may acquire ownership of the land, under conditions governed by international treaties, on the basis of reciprocity.
2. The foreign national, the stateless person and the legal person belonging to third States may not acquire ownership of the land on more favorable terms than that applicable to the national of a Member State and to the legal person established in accordance with the law of a Member State.
Chapter IV Final provisions
Article 7
Article 6 of the Government Emergency Ordinance no. 92/1997 on the stimulation of direct investments, published in the Official Gazette of Romania, Part I, no. 386 of December 30, 1997, approved with amendments and completions by Law no. 241/1998 , with subsequent amendments, is amended and will have the following content:
Article 6
A company, resident or non-resident legal entity, may acquire any real rights over real estate, to the extent necessary to carry out its activity, according to the corporate purpose, in compliance with the legal provisions on the acquisition of private ownership of land by foreigners and stateless persons, such as and by foreign legal entities.
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Article 9
This law enters into force on the date of Romania's accession to the European Union. [...]" (Law on the acquisition of private ownership of land by foreign nationals and stateless persons, as well as by foreign legal entities (No. 312 of 10 November 2005), Articles 1, 2, 3, 5, 6, 7 and 9 [google translation])
Law on the acquisition of private ownership of land by foreign nationals and stateless persons, as well as by foreign legal entities (No. 312 of 10 November 2005), Articles 1, 2, 3, 5, 6, 7 and 9
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