NOUTĂȚI PRIVIND EXERCITAREA DREPTULUI DE PREEMPȚIUNE ÎN CAZUL VÂNZĂRII TERENURILOR AGRICOLE SITUATE ÎN EXTRAVILAN

Selling land outside built-up areas has a specific regulation in Romanian law, often derogatory
from the general provisions applicable in the field of selling goods, as regulated by the Romanian
Civil Code. This specific regulation is comprised in Law No 17/2014 concerning some regulatory
measures in case of selling agricultural land located outside the built-up area and for modifying the
Law No 268/2001 on privatising commercial societies which administer state owned public and
private property lands, destined for agricultural needs, act which suffered a series of important
modifications by the Law No 175 from 14 th August 2020.
This legal modification from 2020 implements a series of important legal changes related to
the holders of pre-emption rights, but also concerning the specific modalities of selling agricultural
lands located outside the built-up areas, when the holder of pre-emption rights does not want to
buy.
Also, in each case when the court is asked to give a decision which supersedes a selling
contract, the petition is admissible only if the pre-contract is legally signed, according with the Civil
code provisions and all other legal requirements are fulfilled, meaning: obtaining all necessary
authorisations, respecting the pre-emption right, respecting the fiscal and land registration
requirements.
The law also clarifies how the pre-emption procedure works and how it is controlled by the
state authorities.