Agricultural land located in the countryside can be alienated to and by natural and legal persons, only under the conditions of Law 17/2014 as amended, as well as other applicable regulations. Both Romanian citizens and citizens of a European Union Member State, of the States party to the Agreement on the European Economic Area (EEA) or of the Swiss Confederation, as well as stateless persons residing in Romania, in a European Union Member State, in a State party to the EEA or in the Swiss Confederation, as well as companies having the nationality of Romania, of a European Union Member State, of the States party to the EEA or of the Swiss Confederation, may acquire land located in the countryside.
The current legislation aims to establish imperative and restrictive criteria for the sale of agricultural land located in the countryside. The aim of the law is to keep the use of land in rural areas as close as possible to what Romania has established as having real agricultural potential due to climatic conditions, relief, soil structure and water network. The law also took into account the preservation of the unitary character of the communities created on the principles of agricultural exploitation of these lands located in the extravilan.
Among the conditions imposed by the law for the sale of agricultural land in the countryside we mention as being of major importance: respect of the right of pre-emption (i.e. offering the land for sale at the same price to certain categories of persons, established on certain criteria, according to the law), maintaining of the destination of the land, limitation of the possibility of consecutive sale, in short periods of time of this land, establishment of high taxes on the differences in value between the purchase price and the price at the time of alienation, etc.
However, the sale of land located in the countryside can be carried out, but achieving the investor’s desired goal depends on the specific circumstances of the investment project. The Legality Team, with 25 years of experience in the field of commercial and civil transactions, having a holistic approach and a synthetic vision of the legislation with practical applicability, can advise and assist you in the decision-making process regarding the start of a business in Romania involving the acquisition of land located in the countryside.