Romania Commercial Real Estate Law: Overview

The Romanian commercial real estate market (office, retail, and logistics) is a highly deregulated, aggressively free-market environment. Because Romanian courts view commercial landlords and corporate tenants as sophisticated peers, the consumer protections found in residential law vanish. The primary rule governing Romanian commercial leasing is the "Freedom of Contract" (Libertatea Contractuală). Whatever is written in the lease, assuming it does not violate fundamental public order, is binding absolute.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Landlord-tenant laws change, and contracts dictate most rules. Always consult a licensed local attorney for advice specific to your situation. Information last verified: March 2026.

Key Romanian Commercial Laws at a Glance

The Legal Framework: The Civil Code

Commercial leases in Romania are governed almost entirely by the general leasing provisions of the Romanian Civil Code (Codul Civil). There is no specialized "Commercial Tenancies Act" as seen in jurisdictions like the UK.

Because the Civil Code provisions are mostly suppletive (meaning they only apply if the contract is silent on an issue), institutional landlords draft massive 50-to-80-page contracts designed to override the default legal provisions and transfer maximum risk onto the tenant.

The Ultimate Weapon: The Enforceable Title (Titlu Executoriu)

The most important feature of Romanian commercial leasing is the ability to bypass the notoriously slow civil court system when a tenant defaults or refuses to leave.

Under Romanian law, a lease agreement automatically becomes an Enforceable Title (Titlu Executoriu) for the collection of unpaid rent and the physical eviction of the tenant IF it is either:

1. Registered with ANAF: The Romanian fiscal authority.
2. Notarized: Signed before a Public Notary as an authentic act.

If a corporate tenant stops paying rent and ignores the "cure period" outlined in the contract, a landlord with a Notarized or ANAF-registered lease does not need to sue them. They terminate the contract, hand the Enforceable Title to a Judicial Bailiff (Executor Judecătoresc), and the Bailiff immediately freezes the tenant's corporate bank accounts and padlocks the premises.

Explore this vital mechanism in our Commercial Eviction Process Guide.

Financial Structures: NNN and Indexation

1. The Triple Net (NNN) Standard

If you are leasing Class A office space in Floreasca or a logistics warehouse near the A1 highway, you will sign a Triple Net (NNN) lease. The tenant pays a fixed "Base Rent" (Chiria de Bază), which is pure profit for the landlord. On top of that, the tenant pays a proportional share (based on their leased square meterage) of the building's total operational costs, known as the Service Charge (Taxa de Management/Operare). This covers everything from the building's property tax and insurance, to the lobby receptionist's salary and the electricity used by the central elevators.

Read more in our Commercial Maintenance & Service Charge Guide.

2. Euro (EUR) Denomination and Indexation

Virtually 100% of institutional commercial leases in Romania are negotiated and denominated in Euros (EUR) to hedge against the volatility of the domestic currency (RON). The tenant pays the invoice in RON calculated at the daily National Bank of Romania (BNR) exchange rate.

Furthermore, long-term commercial leases (spanning 5 to 10 years) contain strict annual indexation clauses. Every year, the Base Rent automatically increases, strictly tethered to the European Harmonized Index of Consumer Prices (HICP/MUICP), ensuring the landlord's real yield never erodes due to inflation.

Learn how to safely execute these increases in our Commercial Rent Increases Guide.

Taxation: The VAT Trap (TVA)

By default, renting real estate in Romania is exempt from Value Added Tax (VAT/TVA). However, for commercial B2B (Business-to-Business) rentals, this exemption is poison to the landlord. If a landlord developer builds a €100 million office tower, they pay 19% VAT to the construction companies. If they rent the offices "VAT-exempt," they cannot recover that paid VAT from the state.

Therefore, institutional commercial landlords actively choose to opt-in to charging 19% VAT on the rent. They must notify ANAF of this decision. Consequently, commercial tenants must expect to pay Base Rent + Service Charge + 19% VAT.

Crucial Exception: Contractual late penalties (penalități de întârziere) and damages are considered financial sanctions, not "services rendered." A landlord must NEVER charge VAT on a late fee invoice.

See our Commercial Late Fees Guide for details.

Institutional Management with Landager

Operating a 20-tenant Class A office building relying on Excel spreadsheets to calculate proportional BOMA area service charges, daily BNR EUR-to-RON currency fluctuations, and annual HICP indexation increases is a guaranteed path to severe accounting errors and lost revenue.

Landager provides the foundational infrastructure for institutional Romanian asset management. Automate Open-Book Service Charge reconciliations, generate impeccably accurate multi-currency invoices with appropriate VAT exemptions for penalties, and secure your Enforceable Titles by digitally linking your Notarial Deeds and ANAF receipts directly to the tenant's profile, ensuring you are perpetually armed for lightning-fast, bailiff-led evictions.

Explore further Romanian Commercial topics:

• Commercial Security Deposits (Bank Guarantees)
• Commercial Eviction Process & The Enforceable Title
• Commercial Rent Increases and HICP Indexation
• Commercial Required Disclosures (EPC & Due Diligence)
• Commercial Lease Requirements (Fixed Terms & Subleasing)
• Commercial Maintenance & The Service Charge (OPEX)
• Commercial Late Fees & Contractual Penalties