Agricultural land outside the built-up area can be sold only after the offer has been posted at the town hall for 45 working days, so that right holders can buy first.
Co-owners and relatives, lessees, neighbours, young farmers, research bodies, local residents and the state: all come before an outside buyer, in that order.
The Ministry of Culture has 25 days to say whether it wants to buy a listed monument. The right then passes to the local authority. A sale without the procedure is void.
Pre-emption in Romania: the short answer
A pre-emption right (drept de preempțiune) is a right to buy a property ahead of anyone else, at the same price and on the same terms offered to the buyer (Article 1730 of the Civil Code). Where such a right exists, the sale to you is made on condition that the holder does not use it (Art. 1731). A sale that bypasses a pre-emption right set by law can be void.
The good news for a villa buyer: in most cases nobody has a pre-emption right over a house and plot inside a village or town's built-up area. The rights that matter concern three situations: agricultural land outside the built-up area (extravilan), a listed historic monument (monument istoric), and a private agreement entered in the land register.
Put simply: if you are buying a new villa on a plot inside the built-up area, most likely nobody can buy it before you. If you are buying an agricultural plot outside it, or a listed house, there is a whole procedure to complete before the notary.
Who can buy before you: the table
| Who | Over what | Legal basis | If it is bypassed |
|---|---|---|---|
| Co-owners, spouses and relatives, lessees, neighbours, young farmers, research bodies, local residents, the state | Agricultural land outside the built-up area | Law 17/2014, Art. 4 | The sale is void (Art. 16) |
| The Ministry of Culture or its local services, then the local authority | A privately owned listed monument | Law 422/2001, Art. 4 | The sale is void (Art. 4(4)) |
| Co-owners or neighbours | Privately owned forest land | Civil Code, Art. 1746 | General rules |
| An agricultural lessee (arendaș) | The agricultural assets he leases | Civil Code, Art. 1849 | General rules |
| Anyone granted the right by contract | Any property, once noted in the land register | Civil Code, Arts. 1730, 1737 | The holder can step into your place (Art. 1733) |
Agricultural land outside the built-up area: Law 17/2014
This is the case that surprises most buyers. Law 17/2014 applies to the sale of agricultural land outside the built-up area of a locality. It does not apply to land inside the built-up area (intravilan). Nor does it apply to a single plot, with one cadastral number, that lies mostly inside the built-up area as yard and building land and partly outside it as agricultural land (Art. 2(1), as amended in 2024).
Who comes first, in order (Art. 4(1)):
- Rank I: co-owners, spouses, relatives and in-laws up to the third degree.
- Rank II: owners of agricultural investments on the land (orchards, vineyards, hops, private irrigation) and/or the lessees.
- Rank III: owners and/or lessees of neighbouring agricultural land.
- Rank IV: young farmers, up to 40.
- Rank V: the Academy of Agricultural and Forestry Sciences and research institutes.
- Rank VI: individuals living in the locality or a neighbouring one.
- Rank VII: the Romanian state, through the State Domains Agency.
How it works (Arts. 6–10): the seller files a request with the town hall to post the sale offer. The town hall posts it for 45 working days. A right holder who wants to buy accepts in writing within that period. The agricultural authority then checks the conditions and issues a final approval (aviz final). Without it, the notary will not sign. For plots up to 30 hectares the county office issues it, and above 30 hectares the central structure (Art. 9(1)). The approval is valid for 6 months (Art. 9(3)).
And if no right holder buys? Then the sale is open only to buyers who meet cumulative conditions: residence in Romania for at least 5 years, farming in Romania for 5 years, and registration with the Romanian tax authorities for at least 5 years (Art. 4^1(1)). Only if no such buyer comes forward in time can the land be sold to anyone (Art. 4^1(5)).
Two more rules: a seller who sells such land within 8 years of buying it pays a special 80% tax on the increase in value (Art. 4^2). And citizens of states outside the EU and the European Economic Area may acquire such land only under international treaties, on a reciprocity basis (Art. 2(3)).
The bottom line for a foreign buyer: an agricultural plot outside the built-up area is not "a cheap plot to build a villa on". Buying it is slow and restricted, and building on it is a separate planning question. How to check what may be built on a plot is covered in our article on building permits and the PUZ.
Pre-emption is not every buyer's problem. It is the problem of a buyer who did not check.
Listed monuments: the state comes first
Under Law 422/2001 on the protection of historic monuments, Art. 4, a privately owned listed monument may be sold only after the state has had the chance to buy it. The seller sends a notice of intention to sell. The Ministry of Culture, or its local services, must communicate an intention to buy within 25 days of registering the notice. If they do not buy, the right passes to the local authority, which answers within 30 working days. A notice that the state will not exercise its right is valid for the whole calendar year. A sale without this procedure is void.
The sale contract must also state the property's monument status and the duty to protect it (Art. 5).
Co-owners and tenants: what they do not have
Two common mistakes:
- A co-owner of a house has no general pre-emption right. Under Article 634 of the Civil Code, each co-owner may freely dispose of their share, unless agreed otherwise. Pre-emption for co-owners exists for agricultural land outside the built-up area (Law 17/2014) and for forest land (Art. 1746).
- A residential tenant has no right to buy first. The Civil Code gives the tenant a preference only when a new lease is signed (Art. 1828). But if you buy a let house, the lease may bind you: if it was noted in the land register, it is enforceable against the buyer (Art. 1811).
Pre-emption by contract
A seller can grant someone a pre-emption right by contract. For real estate, the right is noted in the land register (Art. 1737). If it is noted, the holder can take over the deal from you within 30 days by depositing the price (Arts. 1732, 1737). Such a right ends on the holder's death, and if it was set for a term, the term is cut to at most 5 years (Art. 1740). One more reason to read a fresh land register extract before signing anything.
What the notary will check, and what to check first: 6 steps
- Order a current land register extract and look for notations of pre-emption, leases or restrictions.
- Ask for an urbanism certificate for information (certificat de urbanism). Under the new Planning Code, Law 169/2026, Art. 253(4)(a), it states whether the property is inside or outside the built-up area and whether it is a listed monument whose sale requires the state's pre-emption procedure. Anyone may request one (Art. 254).
- Land outside the built-up area? Make sure the seller has completed the Law 17/2014 procedure and holds a valid final approval. The notary will not sign without it.
- A listed monument? Ask for the state's and the local authority's notices of non-exercise.
- A let house? Ask for the lease and check whether it is noted in the register.
- Your own lawyer. The notary is neutral, and the seller's or developer's lawyer represents them. An independent lawyer works only for you. See our pre-signing legal checklist.
Frequently asked questions
Does Law 17/2014 apply to a building plot inside the village?
No. The law covers only agricultural land outside the built-up area. Land inside it (intravilan) is excluded (Art. 2(1)). Check the classification in the urbanism certificate and the land register extract.
How long does the agricultural pre-emption procedure take?
The offer is posted at the town hall for 45 working days. Then there is a 10-working-day check and 5 more working days to issue the approval, and further stages may follow (Arts. 6, 7 and 10 of Law 17/2014). In practice it takes months, not weeks.
What if I bought a listed house without the pre-emption procedure?
Under Article 4(4) of Law 422/2001, selling a listed monument without letting the state or the local authority exercise its pre-emption right is void. That is why the notice of non-exercise must be in the file.
Can my co-owner block the sale of my share?
For an ordinary house, no. Each co-owner may freely transfer their share unless agreed otherwise (Art. 634). Selling the whole house requires all co-owners (Art. 641(4)).
I rent the house. Do I have a right to buy it?
Not under the Civil Code. You have a preference only when the lease is renewed (Art. 1828). If your lease is noted in the land register, it stays enforceable against a new buyer (Art. 1811).
The bottom line
Pre-emption is not every buyer's problem. It is the problem of a buyer who did not check. A villa on a plot inside the built-up area is usually free of it. Agricultural land outside the built-up area and listed houses are a different world, with a procedure, deadlines and approvals.
If you are looking at a property in Romania, with us or anywhere else, book a 30-minute call with me. We will go through the extract and the urbanism certificate and build the list of questions for your lawyer.
Moti Azulay, Compass Group Romania
Sources: Law 17/2014 on the sale of agricultural land outside built-up areas, consolidated text (legislatie.just.ro), Arts. 2, 4, 4^1, 4^2, 6–10, 16 · Law 422/2001 on the protection of historic monuments, consolidated text (legislatie.just.ro), Arts. 4–5 · Civil Code, Law 287/2009 (legislatie.just.ro), Arts. 634, 641, 1730–1740, 1746, 1811, 1828, 1849 · Planning and Construction Code, Law 169/2026 (Monitorul Oficial 661, 10.8.2026), Arts. 253–254
This article is general information only and is not legal, tax or financial advice. The rules are current as of 22 October 2026. Consult an independent lawyer before signing.
Now you know more.
This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.
