Law 10/2001 applies to property taken between 6.3.1945 and 22.12.1989. Claim notices were filed by 14.2.2002.
On 12.10.2010 the European Court ruled in Maria Atanasiu that the restitution mechanism was ineffective. The response: Law 165/2013.
According to OCPI Ilfov, in November 2024 only four communes in Ilfov were fully registered in the systematic cadastre.
An up-to-date extract, the chain of ownership, a court search, the cadastral map and a written enquiry at the town hall.
Law 247/2005 extended the restitution of agricultural land to up to 50 hectares per original owner.
Restitution claims in Ilfov: the short answer
After 1989 Romania returned to the former owners, or their heirs, land and houses that had been nationalised or transferred to collectives in the communist period. The main laws are Law 18/1991 for agricultural land, Law 10/2001 for property taken between 1945 and 1989, and Law 165/2013, which was meant to complete the process. In Ilfov, most of which was agricultural land, some plots rest on ownership titles from that period. The risk is low when the chain is clean, but you check it before you buy.
This question comes up less than questions about price and mortgage, and rightly so: in most transactions it will not be a problem. But in the cases where it is, it is the only problem that matters. That is why I prefer to talk about it openly.
Where it came from: forty years of nationalisation
Between 1945 and 1989 the communist regime nationalised houses and transferred most agricultural land to cooperatives. After the revolution, Romania began returning property, in several waves of legislation:
| Law | Covering | What matters |
|---|---|---|
| Law 18/1991, the Land Resources Law | Agricultural land brought into cooperatives | Owners received a "title of ownership" (titlu de proprietate) from local and county commissions |
| Law 1/2000 and Law 247/2005 | Extending restitution | The cap was raised to 50 hectares per original owner |
| Law 10/2001 | Houses and plots taken between 6.3.1945 and 22.12.1989 | Claim notices were filed by 14 February 2002 |
| Law 165/2013 | Completing the process | Restitution in kind where possible, compensation in "points" where not. Amended by OUG 38/2025 |
Source: text of Law 18/1991, Ministry of Agriculture, Law 10/2001, Law 247/2005, and the National Authority for Property Restitution (ANRP).
Why it reached the European Court
The process was so slow and complicated that on 12 October 2010 the European Court of Human Rights delivered a "pilot" judgment in Maria Atanasiu v. Romania, which found that the restitution and compensation mechanism was ineffective, and ordered the state to fix it. The response was Law 165/2013, adopted in May 2013: restitution in kind where possible, and compensation in "points" where not.
An interesting detail: according to the Bucharest Chamber of Notaries' 2026 survey, the notaries' minimum values are also used to value property for compensation under Law 165/2013. I wrote about this table in our article on the notary price grid.
Where the risk really lies
Overlapping titles. In the early years, local commissions issued titles based on partial surveys. In some cases two titles covered part of the same plot, and the dispute ended up in court.
Cancellation of a title. An ownership title issued contrary to the law can be cancelled by a court, and then the question is what happens to someone who bought from the person who received it.
A cadastre not yet completed. According to the Ilfov cadastre office (OCPI Ilfov), as of November 2024 only four communes in the county, Copăceni, 1 Decembrie, Mogoșoaia and Vidra, were fully registered in the systematic cadastre, and work continued in the rest. In Balotești, for example, the cadastre documents for sectors 27, 23 and 24 were published between 2024 and 2025. Where systematic mapping has been completed, boundaries and ownership have already been checked across the board, which reduces the risk.
The risk is not in a plot that has gone through all these stages, but in a plot about which you hear "there is a title, the registration is on its way".
And the counter-scenario
Most land in the Ilfov suburbs has already gone through several transactions since the 1990s, been registered in the land register, mortgaged to banks and built on. A bank granting a mortgage checks the chain of ownership before registering a charge, and a notary checks the extract before every transaction. The risk is not in a plot that has gone through all these stages, but in a plot about which you hear "there is a title, the registration is on its way".
How to check a plot: five steps
- An up-to-date land register extract. The owners, the charges and, above all, notes of legal proceedings (notare litigiu). For how to read it, see our guide to the extract.
- The extract's history. Ask the notary or lawyer for the chain of ownership back to its origin: did the plot come from an ownership title under Law 18/1991, from whom and when.
- A court search. On portal.just.ro, search for the names of previous owners in the chain, and for cases concerning "fond funciar" or "Legea 10/2001". For how to run such a search, see our guide to checking a developer.
- The cadastral map. On the ANCPI geoportal, check that the plot appears in the location and with the boundaries shown on the extract.
- An enquiry at the town hall. Ask the town hall, where the local land commission operates, in writing whether there are open restitution claims on the plot.
When to invest more in checking, and when less
Especially thorough checking:
- An empty plot bought for self-build, particularly outside an organised project.
- A property not yet registered in the land register, or whose extract carries a note of legal proceedings.
- A plot that came to the seller directly from an ownership title, with no registered intermediate transactions.
- A price far below the surrounding area, with no convincing explanation.
Standard checking is usually enough:
- A home in a project whose land is registered to the developer, mortgaged to a financing bank and in an area that has passed systematic cadastre.
- A property that has gone through several registered transactions over the years, with no notes on the extract.
What it means for a new home from a developer
In a new project, this check is part of checking the developer and its land. Ask the developer where the land came from, and ask your lawyer to confirm the chain. In a bank-financed project, the charge registered on the extract shows the bank checked the ownership, which is a good sign, but no substitute for your own check. On the link between the house and the land beneath it, see our article on land ownership.
I will mention it once: at Compass on the Lake too, 29 villas in Balotești, ask us for the land extract and the chain of ownership at the due-diligence stage, and that is what you should demand from any developer.
Frequently asked questions
What is a restitution claim in Romania?
It is a demand by former owners, or their heirs, to get back a property that was nationalised or transferred to a cooperative between 1945 and 1989, or to receive compensation for it. The procedures are set out in Law 18/1991, Law 10/2001 and Law 165/2013, which provided compensation in "points" where restitution in kind is not possible.
Can a new restitution claim still be filed?
The deadline for filing notices under Law 10/2001 ended on 14 February 2002, and under the agricultural land laws the deadlines have also passed. The risk today comes mainly from old cases still being decided, or from ownership titles a court may cancel.
How do you know whether a plot is subject to a claim?
You check the land register extract for a note of legal proceedings, search portal.just.ro by the names of the owners in the chain, and ask the town hall in writing whether there are open restitution claims on the plot. A local lawyer can combine the checks.
Is a plot that has passed systematic cadastre safer?
Usually yes. In systematic mapping every plot in the area is surveyed, and the documents are published for public comment before registration. It does not eliminate every dispute, but overlaps and wrong boundaries tend to come to light there, before you buy.
Who pays if a problem emerges after the purchase?
It depends on the circumstances, the contract and case law, so there is no single answer. That is exactly why the check is done before signing, and it is worth having the contract include a declaration by the seller that there are no known claims on the property.
The bottom line
Restitution claims are part of Romania's history, not a reason to give up on Ilfov. In most transactions they will not come up at all, and where they do exist, they come to light in a check of the extract, the chain of ownership and the court files.
If you have a plot or a home in mind and want to understand what to ask your lawyer for, with us or in any other project, book a 30-minute call with me. We will go through the extract together and the questions worth asking.
Moti Azulay, Compass Group Romania
Sources and data: Law 18/1991, Ministry of Agriculture text · Law 10/2001, legislation portal · Law 247/2005 · National Authority for Property Restitution (ANRP) · ECHR, Maria Atanasiu and Others v. Romania, 12.10.2010 · ECHR, pilot judgments · OCPI Ilfov, systematic cadastre · Bucharest Chamber of Notaries, market surveys · ANCPI geoportal · Courts portal.
This article is for general information only and is not legal, tax or financial advice. Restitution law in Romania is complex and depends on the circumstances of each plot. Before buying, ask a local lawyer to check the chain of ownership of the specific property.
Now you know more.
This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.
