An EU or EEA citizen registers land like a Romanian. An Israeli without an EU passport holds it through a Superficie right or a company.
Without an EU passport, the share of the land under the building is not registered in your name. Instead you receive a Superficie right.
Some banks offer Romanian citizens living abroad, including in Israel, a mortgage with a 20% down payment.
In our contract the 99-year right renews automatically for another 99, similar to leasing land from the Israel Land Authority.
An Israeli may stay in Romania up to 90 days in any 180. An EU passport holder lives and works there without limit and without a visa.
Romanian passport and property in Romania: the short answer
A Romanian passport, or a passport of another European Union country, changes three things when you buy property in Romania. It lets you register the land in your own name, exactly like a Romanian citizen. It opens mortgage routes that some banks offer only to Romanian citizens, even when they live in Israel. And it lets you live and work in Romania without a visa.
It does not change the price, the VAT, the notary fee or the tax on sale, and it is not a condition for buying an apartment or a villa. An Israeli without an EU passport buys and is registered as the owner of the building, and for the land receives a Superficie right that is registered in the land register. This is a legal and accepted route, not a "workaround" of the law.
I am Moti Azulay, and together with Adv. Ilan Leibovitch we are the developers of a villa project in Balotești. In almost every first conversation I am asked, "Should I get a Romanian passport first?" In this article you will find the full answer.
EU passport holder versus an Israeli without one: the comparison
| Topic | With a Romanian or EU passport | Israeli without an EU passport |
|---|---|---|
| Apartment or building | Registered in your name | Registered in your name |
| The land under the villa | Registered in your name | Superficie right in your name |
| The land share of an apartment block | Registered in your name | Superficie right over that share |
| Mortgage | The regular banks, and at some of them also "diaspora" routes for Romanian citizens | The regular banks, financing of up to 70% |
| Price, VAT, notary, registration fee | Same | Same |
| Tax on sale (1% or 3%) | Same | Same |
| Staying in Romania | Unlimited | 90 days in any 180 |
| Work and residence | No visa needed | Visa and residence permit |
The land: what the law says
Article 44(2) of the Romanian Constitution provides that foreigners acquire ownership of land only under conditions arising from Romania's accession to the European Union, from international treaties on the basis of reciprocity, or through legal inheritance. The law that implements the article is Law 312/2005:
- A citizen of a European Union country acquires land in Romania under the same conditions as a Romanian citizen.
- An Israeli citizen does not register land in their own name, because there is no reciprocity treaty between Romania and Israel on this matter.
- A dual citizen, Israeli and Romanian, acquires land as a Romanian citizen. The law does not ask where they live.
In practice: a Romanian passport holder who lives in Ra'anana registers the land in their name exactly like a Romanian citizen who lives in Bucharest. An Israeli without an EU passport is registered as the owner of the house, and for the land receives a Superficie right.
Apartment: the difference is in registration, not in use
The common assumption is that in an apartment the passport changes nothing. That is true for use, but not for registration.
Every apartment in a shared building comes with a share of the land under the building (cotă-parte indiviză). For a buyer without an EU passport, that share is not registered in their name, and instead they receive a Superficie right over that share. The apartment itself is registered in their name as usual.
In day-to-day use there is no difference at all. What is worth checking before signing is that the right over the land share is written into the contract and registered in the land register. Land ownership in Romania.
Villa: full ownership versus a Superficie right
In a villa, most of the value is the plot, so here the difference is felt more. These are the rules worth knowing:
- Term: the right is granted for up to 99 years. In our contract it renews automatically for another 99 years, similar to leasing land from the Israel Land Authority. On any project, check that the renewal is written into the contract.
- Sale and mortgage: the right can be sold and mortgaged, together with the house. Romanian banks accept it as security for a mortgage.
- Inheritance: the house and the Superficie right pass by inheritance.
- Registration: the right is registered in your name in the land register, which makes it enforceable against any third party.
- Payment: with us, the right is granted free of charge (cu titlu gratuit). On any other project, ask whether there is a payment for the right, and ask to see it written into the contract.
Superficie in depth · Whose name to register the villa in.
Mortgage: the law does not ask about citizenship, some banks do
The regulations of the National Bank of Romania (BNR) set how much can be financed according to the currency of the loan and the currency of the income, not according to citizenship. For a loan in lei the cap is 85%, and for a loan in euros to someone earning in another currency, 75%.
But banks define products by citizenship. Several Romanian banks offer a "diaspora mortgage" that is open only to Romanian citizens, including non-residents. According to the official website of Libra Internet Bank, its route is open to any Romanian citizen, resident or not, who receives a salary income in Israel, and requires a down payment of at least 20%. The loan is in lei, so the currency risk remains.
An Israeli without an EU passport gets a mortgage from a Romanian bank on the regular route for non-residents: financing of up to 70%, meaning a down payment of at least 30%, subject to bank approval. A mortgage in Romania for Israelis · How much of a down payment you need.
"Getting around the passport" is not the goal. The goal is to hold a property in a form the law recognises, that is registered and passes by inheritance.
Noua Casă, the state guarantee programme, does not require Romanian citizenship. The conditions are a declaration that you do not own a home, and price caps that take villas out of the programme. The Noua Casă programme.
What an EU passport gives you outside the transaction
- Stay: an Israeli is limited to 90 days in any 180 days across the whole Schengen area, and Romania has been a full Schengen member since 1 January 2025. A Romanian citizen may live in Romania without limit, and a citizen of another EU country enjoys freedom of movement and residence. Schengen 90/180 for property owners.
- Work and residence: an EU passport holder does not need a work permit. An Israeli needs a long-stay visa and a residence permit. Residence permit in Romania.
- Spouse: the Israeli spouse of a Romanian citizen receives a right of residence as a family member, but not a right to the land. The law looks at each person's citizenship separately.
What a passport does not give you
A Romanian passport does not change:
- The price of the property, and it does not give you priority with a developer.
- The VAT (21% on a new property), the notary fee or the registration fee (0.15%).
- The tax on sale, which depends on the holding period (1% or 3%), not on the passport.
- The need for your own lawyer and a legal check before signing. The legal check before signing.
Without a passport: how to hold a property safely
"Getting around the passport" is not the goal. The goal is to hold a property in a form the law recognises, that is registered and that passes by inheritance.
The accepted route: a Superficie right
The house is registered in your name, and for the land you have an exclusive right of use that is registered in the land register. What matters to check in the contract: the term of the right and the automatic renewal, whether there is a payment for the right, and what is registered in your name in the extract.
Registration in the name of a spouse with an EU passport
Possible, but whoever is registered is the owner as far as the whole world is concerned. In a divorce, a death or against creditors, the land follows whoever is registered. This route requires a lawyer in both countries. Whose name to register the villa in.
What not to do: "registration in someone else's name with a side agreement"
An agreement whose whole purpose is to get around a mandatory provision of law may be void under the Romanian Civil Code, and the person registered remains the owner as against any third party. "We will register it for you in trust": what it means in Romania.
Is it worth getting a Romanian passport for the transaction?
For those entitled to Romanian citizenship by descent, this is a real option, but it takes time. The decision on an application can take up to two years, and since 2025 a Romanian language certificate is also required. A good deal usually does not wait that long.
The practical way: buy now with a Superficie right. Anyone who later obtains an EU passport can check with their lawyer about transferring the land into their name. Romanian citizenship for Israelis: who qualifies and what it takes.
From the field: how it works with us
In our project, Compass on the Lake, the house is registered in the buyer's name. Those with an EU passport also register the land in their name. Those without one receive a Superficie right for 99 years, with an automatic option to extend for another 99 years, similar to leasing land from the Israel Land Authority. The right is granted free of charge (cu titlu gratuit), and it is registered in the land register.
What we are most careful about is that every one of the points in this article is written into the contract, and not just "taken for granted".
4 questions for your lawyer before you sign
- What exactly is registered in my name: the house, the land share, or a Superficie right? And where is that shown in the extract?
- What is the term of the Superficie right, and is the renewal automatic and written into the contract?
- Is there any payment at all for the right?
- How do the right and the house pass by inheritance?
Frequently asked questions
Do you need a Romanian passport to buy an apartment in Romania?
No. An Israeli without an EU passport buys an apartment and is registered as its owner. The difference is in the share of the land under the building: for an EU passport holder it is registered in their name, and for someone without such a passport a Superficie right is created over it.
What is the advantage of a Romanian passport when buying property?
Two main advantages: the land is registered in your name, and some banks offer Romanian citizens living abroad mortgage routes that are not open to foreigners. The passport does not change the price, the VAT or the tax on sale.
Does a passport of another EU country, for example Portuguese, give the same rights?
Yes, as far as the land is concerned. Under Law 312/2005, a citizen of any European Union country acquires land in Romania under the same conditions as a Romanian citizen. The "diaspora" mortgage routes are intended for Romanian citizens only.
What happens to the Superficie right at the end of the 99 years?
It depends on the contract. In our contract the right renews automatically for another 99 years, similar to leasing land from the Israel Land Authority. On any project, ask to see the renewal clause written into the contract.
Can you get a mortgage on a property held under a Superficie right?
Yes. Romanian banks accept a Superficie right as security for a mortgage, together with the house. An Israeli without an EU passport receives financing of up to 70%, subject to bank approval.
The bottom line
A Romanian passport is a real advantage in registering the land and in some mortgage routes. But it is not a condition for buying property in Romania. Those without a passport buy with a Superficie right, and what decides whether the transaction is safe is the contract: what is registered, for how long, how it renews, and how it passes to the heirs.
If you are looking at a property in Romania right now and are not sure which route suits you, with a passport or without, book a half-hour call with me and Ilan. We will go through your situation, even if in the end you buy somewhere else.
Moti Azulay, Compass Group Romania
Sources and data: Romanian Constitution, Article 44 · Law 312/2005 on the acquisition of land by foreigners · Romanian Civil Code (Law 287/2009), Articles 693–699 · Regulation 17/2012 of the National Bank of Romania (BNR) · Libra Internet Bank: diaspora mortgage · FNGCIMM: the Noua Casă programme · European Union: registering residence · Romanian legislation portal.
This article is for general information only and is not legal, tax or financial advice. The data is correct as of October 2026. Before any transaction, consult a lawyer in Romania and in Israel.
Now you know more.
This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.
