LANDS AND FORESTS FOR SALE IN ROMANIA
2 October 2020 • Investitii
QUESTION: I WOULD LIKE TO BUY A FOREST IN ROMANIA, WHERE SHOULD I START MY SEARCH AND WHAT DO I NEED TO KNOW ABOUT THE PROCESS FOREHAND?
Forest land in the private property regime can be sold only if the right of first refusal of co-owners or neighbors is respected in this specific order. Only neighbors who are owners of forest lands have the right of first refusal.
The state has the right of first refusal to purchase the forests that consist of enclaves in the public property forest lands or in the area surrounding them, on equal terms and price. If a refusal is the case, our team of lawyers in Romania can assist you.
Co-owners and neighbors that are forest fund owners, whether they are individuals or legal entities, public or private, have a right of first refusal in this specific order, in the process of purchasing a privately owned forest, on equal terms and price.
The seller is obliged to notify all the holders of the right of first refusal, in writing, through the judicial executor or public notary, about the intention to sell, stating the price asked for the land.
The pre-emptive right holders must show their purchase intention in writing and communicate the acceptance of the offer for sale or, where appropriate, to register at the town hall where it was published, within 30 days from the notification of the sale offer or, if applicable, from its display at the town hall. Our attorneys in Romania can assist during the sale/purchase phase.
If the land to be sold is adjacent to a forest land, public property of the state or the administrative-territorial units, the exercise of the right of pre-emption belonging to the state or to the administrative-territorial units within the period of time previously specified prevails over the pre-emptive right of the neighbors that are forest fund owners.
If within that period of time, no holder of the right of first refusal manifests the intention of buying, the land is free for sale.
If the seller does not respect the right of first refusal as described above or he/she sells the land at a lower price or on terms more favorable than those shown in the offer for sale, the sale contract is to be annulled.
After validly buying the land, you must register your ownership in the land register. This is a step during which our Romanian lawyers can provide adequate assistance.
CAN I DEFOREST MY LAND? IF SO, WHAT HAPPENS TO THE WOOD?
The wood from forests and from the forest vegetation on areas outside of the national forest fund is harvested based on an operating permit issued by the forest district.
The wood resulting from deforestation of the forest vegetation found on a land that is permanently removed from the national forest fund or temporarily occupied belongs to the land owner, in the case of forest lands in the private property regime.
The forest service provision is compulsory to all forests, regardless of ownership, through the forest districts authorized by registration in the National Register of forest managers and forest districts.
The experts at our Romanian law firm can provide details about the laws in force. Our experienced litigators in Romania can assist in case of disputes.