Frequently authenticated documents involving real estate: sales agreements, donation agreements, exchange agreements, personal care agreements, mortgage agreements, partition agreements, lifelong usufruct agreements or superficies agreements, etc.

Real Estate Sale:

Notaries ensure the legal security of deeds by examining the documents that are provided by the parties or that notaries obtain by their own means in order to guarantee, on behalf of the State, that you become the owner.

The contracting parties may agree to sign a final sales agreement directly, without signing first a promise to sell-purchase. However, most of the time, the parties wish to sign a bilateral promise first and then, after a period of time, to sign the final agreement. A preliminary agreement is also necessary when the buyer(s) take(s) out a bank loan. There may be some delays in signing the final agreement due to the laws on the legal pre-emption right over certain property (such as agricultural land located outside built-up areas or historical monuments) or due to the time required for loan approval.

Required documents:

• Valid identification documents: identity card/passport;
• For legal entities: Certificate of Incorporation issued by the National Trade Register Office; Extract from the Register of Associations and Foundations, if such entities are involved; Resolution of the General Meeting of Shareholders (for LTDs) / Board of Directors (for PLCs) / Board of Trustees (for associations/foundations) whereby the purchase is decided; Memorandum and Articles of Association (for legal entities); Resolution of the General Meeting of Shareholders whereby the managing director is appointed;
• Civil status documents (marriage certificate, divorce decree/certificate, death certificate of the deceased spouse, if applicable);
• Marriage contract, if applicable;
• Tax clearance certificate issued by the City/Town Hall of the place where the property is located, to the names of all co-owners, which is valid for 30 days after issuance;
• Ownership deeds in original (e.g.: sales agreement; donation agreement; personal care agreement; heir certificate; title deed; building permit, acceptance report and certificate of completion for single family houses/duplex houses, etc.);
• Building plan for apartments;
• Certificate issued by Owners’ Association of the apartment building, stamped and signed by its manager and its president, which is valid for 30 days after issuance;
• Certificates issued by utility companies showing that utilities bills are duly paid: Electrica Furnizare S.A. (power supply); E.On Gaz Romania S.A. (gas supply), and Compania de Apa Somes S.A. (water supply);
• Energy performance certificate for buildings (it is mandatory for sales agreement and rental/lease agreements, and it is valid for 10 years after issuance);
• Documents proving access of the building to the public road;
• Home insurance policy covering natural disasters (PAD), if any;
• Any other documents that are necessary, depending on the specifics and complexity of the agreements (e.g. statement on receipt of price, statement on removal of encumbrances, statements of account, etc.).

Mortgage:

Financial institutions usually require those who apply for a bank loan to put up one or more pieces of property (owned by them or a third party) as collateral to secure repayment of borrowed amount.

Required documents:

a) For borrowers:

• Identification documents;
• Marriage certificate (if any);
• Tax clearance certificate issued by the City/Town Hall of the place where the property is located, showing that taxes are duly paid;
• Ownership documents (sales agreement; heir certificate; court ruling, etc.) and land register extract for information purposes;
• The bank’s consent, in original, if there are encumbrances on the property (another mortgage).

Note: The presence (in person or by a representative based on a notarised power of attorney) of all the owners of the property put up as collateral is required.

b) For the financing bank:

• Identity card of the person signing on behalf of the bank/financing institution;
• Power of attorney for the bank’s representative;
• Draft mortgage agreement;
• Loan agreement and loan amount.