Property in Romania Legal Aspects What is the difference between owning land and owning buildings?

What is the difference between owning land and owning buildings?

The Romanian Constitution only restricts non-Romanians from owning land in Romania – it does not prevent foreigners from owning buildings constructed on land in Romania. It is therefore perfectly possible for non-Romanians to purchase flats in Romania. The same principle would apply also to a house, however to avoid any difficulties over the garden and driveways surrounding a house (and also the land under the house should the house burn down), it is probably better to have a Romanian company own the land and, possibly, the building on it. This is because the owner of a building constructed on land in Romania (whether the owner is or is not Romanian) has a legal right to use the land which supports the building whilst the building exists (the so-called “superficies” right).

 

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