Nordis Law Has Entered Into Force: Major Changes for Future Real Estate Sales and New Obligations for Developers

Law no. 207/2025, published in the Official Gazette no. 1133/08.12.2025, amends art. 22 of Law 10/1995 and completes art. 26 of the Cadastre Law no. 7/1996. The law entered into force on 11.12.2025, except for the provisions on pre-apartment, which enter into force in 3 months from its publication.

1. Clarifying and strengthening developers’ obligations

The law amends art. 22 of Law no. 10/1995 and expressly defines the notion of “developer” – i.e. those investors who carry out real estate projects such as individual homes or condominiums for alienation.

The new framework brings together all the developer’s responsibilities in a coherent form, throughout the duration of the project.

These obligations include:

Establishing the quality level of design and execution according to technical regulations and related studies.
Obtaining all the necessary permits and authorizations, including for utility connections.
Verification of projects by certified specialists and supervision of execution by site supervisors or consultants throughout the works.
Remediation of non-conformities, defects and deficiencies in design or execution.
Carrying out the acceptance at the end of the works together with the reception of the connections, as well as the final acceptance after the warranty period.
Preparation and delivery of the technical construction book.
Construction expertise in the cases provided by law, with approved technical documentation for the modifications of the installations.
Handing over the property to the owner only after the acceptance of the reception and the commissioning of the definitive connections.

2. Promises made for future real estate with developers: authentic form and strict preconditions

Law 207/2025 establishes a set of cumulative conditions that the developer must meet before promising to sell a unit in a future condominium or a future individual home.

Thus, the promise can be made only after:

notation of the building permit in the land book;
carrying out the pre-apartment operation (for future condominium projects);
opening of land books for individual units – future assets, according to the Cadastre Law no. 7/1996.

The promises of sale, purchase or bilateral promises are concluded exclusively in authentic form and only after obtaining the land book extract related to the future individual unit.

The notary public has the obligation to request the notation of the promise in the land register on the same day of authentication or, at the latest, on the next working day.

3. Booking agreements: express legal regime and clear limitations

The new regulation introduces for the first time an explicit legal framework for booking agreements. These:

may be terminated for a maximum period of 60 days;
must be followed either by the authentic promise or by the sale-purchase contract;
allow the collection of an advance deductible from the final price, but not more than 5% of the price, under penalty of absolute nullity;
obliges the developer to fully refund the amount paid within 30 days from the expiry of the term, if the promise or contract has not been signed within the term, due to the sole fault of the developer.

4. Advances regime

The law provides for a dedicated mechanism for administering advances paid by buyers under promises of sale.

Thus, the amounts paid as an advance are deposited in a separate bank account of the developer, used exclusively for the construction of the project for which the advance was paid. The funds can be used only for the purpose of developing that project and only on the basis of the “payment voucher” stamp applied by the person in charge or by the site manager. The law also establishes maximum limits for the use of advances: for the resistance part maximum 25% of the price and after its completion, for the installations part maximum 20% of the price.

The use of amounts for purposes other than those provided for by law is prohibited and is sanctioned with a fine of 1% of the developer’s turnover in the previous year, if the act does not constitute a crime.

5. Preparation and updating of land books

A completely new procedure is introduced for future condominium projects: pre-apartment.

This procedure involves a special cadastral documentation, an authentic pre-apartment deed, the opening of the land book of the entire condominium, as well as the opening of the individual land books for each future unit, with the express mention that they are future assets.

If the project changes later (number of units, etc.), a new pre-apartment deed and new documentation are required. However, the updating of the land books can be done without the consent of the buyers, except in cases where the total area or location of the unit subject to the bilateral promise is modified.

After the completion of the construction, ascertained by the reception report at the end of the works and the certificate of attestation of the building, the apartment operation is carried out, and the land books opened in the pre-apartment stage are updated with the final technical data.

6. The transitional regime until the operationalization of the pre-apartment

The provisions on pre-apartments (art. 26 para. 9–11 of the Cadastre Law) will enter into force within 3 months from the publication of the law, in order to allow the operationalization of the integrated application for cadastre and real estate advertising.

Until now, the following transitional rules apply:

The notation of the building permit for the individual units – future assets – in the future condominiums is done separately for each unit, based on the information in the building permit and the related documentation.
The notation of the promise regarding a future asset-unit does not affect the developer’s right to carry out the administrative, legal or cadastral steps necessary to complete the project, except in situations where the total area or location of the unit that is the subject of the bilateral promise is modified.
The promises of sale regarding future individual units are concluded exclusively in authentic form, after the building permit has been noted in the land register and after obtaining the land book extract of the future unit. The extract is issued from the land register of the land, including the mentions regarding the authorization and the related entries.
The notary public has the obligation to request the notation of the promise in the land register on the day of drawing up the deed or at the latest on the next working day.
The note of the promise must indicate the position at which the building permit was registered and the mention that the unit is good for the future under construction.