In the context of recent legislative changes, checking the documents of a property before purchase is one of the most important steps in protecting the buyer. An incomplete analysis can lead to litigation, financial losses, or the inability to effectively acquire ownership.
1. Analysis of the title deed and legal history
The first step is to evaluate the documents certifying the right of ownership:
- the deed of acquisition (sales contract, donation, partition, title deed),
- previous transactions,
- entries in the Land Registry.
It is essential to confirm the identity of the owner, check for any pending disputes or claims, and analyze existing encumbrances: mortgages, attachments, easements, or prohibitions on alienation.
2. Verification of the cadastral and urban planning situation
The land registry extract and cadastral plan reveal:
- the exact area,
- the boundaries and location of the property,
- the existence of overlaps,
- access to public roads.
On the urban planning side, the following must be analyzed: - building permit,
- technical documentation,
- compliance with local regulations.
These checks prevent risks related to unauthorized construction, the impossibility of registration, or administrative fines.
3. Developer contracts and obligations
In the case of new properties, it is essential to analyze the documentation provided by the developer. The following must be verified:
- preliminary contracts and promises of sale,
- any agreements with third parties,
- the existence of any disputes or claims,
- the legal status of the land on which the building is constructed.
It is also advisable to evaluate the clauses relating to delivery dates, guarantees, penalties, and conditions precedent, as these may directly affect the buyer’s rights.
4. The case of jointly owned properties
For jointly owned properties, the sale or partition is subject to strict rules. Joint ownership can only be terminated:
- with the agreement of all co-owners, or
- through the courts, when there is no consensus.
Partition in kind must comply with urban planning and cadastral conditions, which is not always possible. A preliminary legal analysis avoids subsequent blockages.
5. Tax obligations and reporting to ANAF
The amendments introduced by draft law L213/2025 increase the tax responsibilities of owners and developers. Verifying the tax status of the property—including any debts owed to ANAF—is crucial in order to avoid:
- subsequent seizures,
- the inability to sell,
- penalties.
In conclusion, in the context of the increase in taxes provided for by the new regulations, in order to avoid risks and ensure a secure transaction, specialist advice becomes an important component of any real estate purchase.
For more details, you can contact us at our law office in Sibiu, 13A Spartacus Street, Sibiu County, by phone at 0720.291.919, or by email at [email protected].