Required Disclosures and Registrations in Romania

Governed by the Romanian Civil Code (Law No. 287/2009), which became effective on 1 October 2011, and the Housing Law (Law No. 114/1996), Romania operates a significantly simpler bureaucratic framework regarding disclosures compared to the highly regulated systems found in the United States or the United Kingdom. The primary "disclosures" in Romania are designed to satisfy either European Union environmental directives or the Romanian state tax authorities, rather than to protect the tenant from obscure structural hazards.

The Mandatory Energy Performance Certificate (CPE)

The single most strictly enforced physical disclosure mandated by law for residential tenancies in Romania—driven by Law No. 372/2005 (Art. 13 and 19)—is the Certificat de Performanță Energetică (CPE) or Energy Performance Certificate.

As a landlord in Romania, you are legally obligated to:

1. Advertise with the Rating: Every public advertisement for a rental property (on Imobiliare.ro, OLX, or via a real estate agency) must prominently display the property's energy efficiency rating (ranging from Class A to Class G).
2. Present to the Tenant: You must provide a copy of the CPE to the prospective tenant before the lease agreement is signed.
3. Include in the Lease: A copy of the CPE is almost always physically attached to the final written lease agreement as an official annex.

Failing to provide a valid CPE renders the lease agreement voidable (relative nullity). With Romania’s harsh winters driving up intretinere (heating and maintenance) bills, modern tenants demand to see this rating to estimate their winter utility costs.

Good Faith Disclosures (Hidden Defects)

While there is no standardized, state-mandated "Property Condition Disclosure Form," the Romanian Civil Code enforces the overriding principle of Good Faith (Buna-Credință) and specific protections against hidden defects.

Under the Civil Code (Art. 1790), the landlord is liable for hidden defects (vicii ascunse) that prevent or significantly diminish the use of the property, even if the landlord was unaware of them at the time of signing. This includes defects that:

• Significantly limit or impede the tenant's ability to live comfortably in the apartment.
• Pose a genuine health or safety risk (such as a severely cracked main sewage pipe, a known infestation of black mold hidden behind wallpaper, or dangerously ungrounded electrical wiring).

Per Art. 1791, if a tenant discovers a severe, pre-existing defect that was not disclosed, they have legal grounds to seek a reduction in rent or the termination (reziliere) of the lease if the defects are not remedied by the landlord.

Protection Through the Handover Protocol (Proces-Verbal)

To protect themselves from post-move-in disputes regarding "what was broken" versus "what was pristine," professional Romanian landlords rely entirely on a meticulously drafted Proces-Verbal de Predare-Primire (Handover Protocol).

This document serves as the ultimate factual disclosure of the property’s physical state on Day 1. It is signed by both the landlord and tenant immediately upon handing over the keys. A robust Romanian Handover Protocol must contain:

• Exact Meter Readings: Timestamped readings (with photographic proof) for electricity, gas, and water. This is essential for transferring utility contracts or proving the starting point for monthly utility întreținere calculations.
• Inventory List: A comprehensive checklist of all provided furniture and appliances (the washing machine, the central heating boiler, the AC unit) and their operational status.
• Physical Condition Log: Diligent notation of any pre-existing scratches on the parquet flooring, stains on the walls, or chips in the bathroom tiles, serving as undeniable proof that the tenant did not cause them.

The ANAF Registration (The Ultimate State Disclosure)

The most critical "registration/disclosure" action a Romanian landlord must take is registering the signed lease agreement with the state tax authority: ANAF (Agenția Națională de Administrare Fiscală).

While historically this was seen merely as a tax collection mechanism, recent changes and the Civil Code's concept of the "Enforceable Title" have made ANAF registration a vital tool for legal clarity.

1. Tax Compliance: Since 1 January 2023 (OG 16/2022), individual landlords (persoane fizice) are legally required to register lease agreements with ANAF within 30 days of signing. Failing to do so constitutes a fiscal violation.
2. The Enforceable Title (Titlu Executoriu): Registering the lease with ANAF grants the contract specific enforcement powers under the Civil Code:
   • Rent Payment: Under Art. 1798, a registered lease is an enforceable title for the collection of rent, allowing the landlord to recover unpaid funds through a bailiff without a full court trial.
   • Eviction upon Expiry: Under Art. 1809 (2) and (3), a registered lease is an enforceable title for the restitution of the property (eviction) only upon the expiry of the lease term.
   • Mid-term Eviction: For eviction due to a breach of contract (such as non-payment) during the lease term, a landlord must still obtain a court decision to terminate the lease (reziliere), unless the contract was concluded in authentic (notarized) form with specific enforcement clauses.

Without ANAF registration, a landlord lacks the ability to bypass the civil court trial for rent collection and must rely on slower litigation for all disputes.

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