REALWorld Law

Sale and purchase

Mandatory pre-emption rights

Do mandatory pre-emption rights apply to the sale of real estate assets in this country?

Romania

Romania

For specific situations expressly regulated by Romanian legislation, mandatory pre-emption rights apply:

  • The Romanian State has a statutory pre-emption right to acquire forest which is located within or at the borders of the State's public forest domain; this pre-emption right has priority over other pre-emption rights for the acquisition of forests.
  • Co-owners and owners of forest have a statutory pre-emptive right to acquire private forest domain located in the vicinity of their forest.
  • The Romanian State has a statutory pre-emption right to acquire historic monuments.
  • Persons who have constructed a building in good faith have a statutory pre-emption right to acquire the land privately held by cities, counties or communes, on which those buildings were erected.
  • When selling agricultural land located outside municipal boundaries, a pre-emption right must be observed in favour of:
    1. first-rank pre-emptors: co-owners, spouses, first-degree relatives and relatives up to and including the third degree and first-degree relatives in-law and relatives in-law up to and including the third degree, in this order;
    2. second-rank pre-emptors: owners of agricultural investments for tree crops, vines, hops, exclusively private irrigation and/or tenants; if on the lands subject to sale there are agricultural investments for tree crops, vines, hops and for irrigation, the owners of these investments have priority in the purchase of these lands;
    3. third-rank pre-emptors: the owners and/or tenants of the neighbouring agricultural lands;
    4. fourth-rank pre-emptors: young farmers;
    5. fifth-rank pre-emptors: The Academy of Agricultural and Forestry Sciences “Gheorghe Ionescu-Șișești” and the research-development units in the fields of agriculture, forestry and food industry, organized and regulated by Law no. 45/2009, as well as agricultural educational institutions, for the purpose of purchasing agricultural land located outside the built-up area with the destination strictly necessary for agricultural research, located in the vicinity of existing lots in their patrimony;
    6. sixth-rank pre-emptors: individuals with domicile/residence located in the administrative-territorial units where the land is located or in the neighbouring administrative-territorial units; and
    7. seventh-rank pre-emptors: the Romanian state, through the State Domains Agency.

Any contract for the sale of land located outside the city limits without observing this pre-emption right, or without obtaining the approvals required by the law is forbidden and sanctioned with absolute nullity.