Discover Otopeni · · 4 min read
The documents you need to sell a house or an apartment
The full list of documents the notary asks for when you sell in Otopeni or Ilfov, who obtains each one, how long each takes and what can delay the transaction.
The most frequent cause of delay I see is not the price, but a missing document. It is usually discovered three days before the notary appointment, when the buyer has their mortgage approved and everyone is under pressure. Below is the list I go through with every owner before putting a property up for sale.
The basic documents, for any property
- The title deed — the sale contract, the inheritance certificate, the deed of gift, the partition deed or the court decision by which you acquired the property.
- The cadastral documentation and the land registry entry — the property has to be registered in the land register.
- The land registry extract for authentication — requested through the notary; it has a limited validity and blocks the land register until signing.
- The tax certificate — from the local council where the property is registered; it confirms you have no local tax debts. It has an expiry date, so it is obtained close to the transaction.
- The energy performance certificate — compulsory on a sale, issued by an accredited energy auditor.
- The identity documents of every owner named in the land register.
What else is required, depending on the situation
- An apartment — a certificate from the owners’ association confirming you have no service charge arrears, plus proof that the utilities are paid up to date.
- A house with land — if you have built or extended, the building permit and completion documents; the building has to appear in the deeds as it appears on the ground.
- A property bought with a mortgage — a letter from the bank with the outstanding balance and its consent to remove the charge.
- An inherited property — the inheritance certificate; if the succession has not been settled, that is dealt with first, not “along with the sale”.
- Spouses — if the asset is jointly owned, both sign; the matrimonial property regime matters.
- Land — for agricultural land outside the built-up area, the pre-emption procedure applies, with its own deadlines.
The order in which you obtain them
You have (or you reissue) the title deed and the land register entry before listing. The energy certificate can be done at any point while the property is being promoted. The tax certificate and the land registry extract are obtained at the end, because they expire — but only if everything else is in order.
It is far easier to clear up a problem before there is the pressure of a deadline, a buyer or bank financing. — Vlad Sicoie, public notary (Notariat Solemnis), in the conversation about paperwork
What most often delays a transaction
- an unsettled succession, or heirs who do not agree;
- buildings and extensions that do not appear in the cadastral documentation — see the conversation about the land registry;
- a mortgage or other charges not removed from the land register;
- differences between the area in the deeds and the measured area;
- old documents, with names or street numbers that have changed since.
All of them can be resolved. The problem is that each one takes time, and time is exactly what you do not have when you have a buyer you do not want to lose.
Frequently asked questions
How long does it take to get the documents for a sale?
The ones you already have (title deed, land register entry) take no time. The energy certificate takes a few days. The tax certificate is issued by the council within the legal term. If a problem appears — a succession, out-of-date cadastral documentation, a mortgage — we are talking weeks or months, which is why it is checked early.
Who pays for the documents in a sale?
As a rule the seller bears the energy certificate, the tax certificate and the land registry extract, while the buyer pays the notarial fee and the land registry fee. It is not a hard rule — it is negotiated and written into the preliminary contract. Details in the article on who pays what at the notary.
Can I sell if the property has a mortgage on it?
Yes. The bank issues a letter with the outstanding balance and its consent to remove the charge, and the payment is structured so that the loan is cleared at signing. It is planned in advance, together with the notary.
Is the energy certificate compulsory?
Yes, it is compulsory on a sale and is annexed to the contract. It is drawn up by an accredited energy auditor.
Not sure what you have and what is missing? Send me the property details and I will tell you exactly what else is needed, before we put it up for sale.
Sources
- The Fiscal Code (Law no. 227/2015), art. 111 — the transfer of real estate from personal assets.
- The conversations with the notary and with the land registry specialist, published in the “Conversations with professionals” section.
