Discover Otopeni · · 3 min read
Who pays what at the notary: transfer tax, fees and land registry
The 1% or 3% transfer tax, notarial fees by value band and the 0.15% land registry fee: who bears them, what value they are calculated on, and what is actually negotiable.
In the first conversation about price, almost nobody counts the costs at the notary. Then they appear and change the arithmetic — especially for the buyer, who has to have this money on top of the deposit. Here is who pays what, so there are no surprises.
The seller: the property transfer tax
It is withheld by the notary at signing and calculated on the value in the contract:
- 3% if you have owned the property for less than 3 years;
- 1% if you have owned it for more than 3 years.
The period is counted from the date you acquired it to the date of sale. If the declared price is below the minimum value in the notaries’ chamber market study, the tax is calculated on that minimum value. Where there are several co-owners, each pays in proportion to their share.
The buyer: the notarial fee and the land registry entry
- The notarial fee — set in value bands, with the percentage falling as the value rises; VAT is added on top.
- The land registry fee at ANCPI — 0.15% of the value, for private individuals.
- Small but real fees — certified copies, declarations, powers of attorney, the fee for the land registry extract.
If the transaction involves a mortgage, the bank’s costs appear too: the valuation, the arrangement fee, the compulsory home insurance and life insurance, if the bank requires it. You find these out from the bank’s offer, not from the notary — which is why pre-approval comes first.
What is actually negotiable
The split above is market practice, not a legal obligation (except the transfer tax, which is the seller’s by law). I have seen transactions where the parties split the notarial fee, and others where the seller covered everything in order to close faster. What matters is that it is written into the preliminary contract, not discussed on the day of signing.
The payment deadline, the financing, the deposit, the date the property is vacated and other contractual conditions can all affect the real value of a proposal. — from The Owner’s Guide
How to budget, in practice
- Seller: from the price achieved, deduct the transfer tax (1% or 3%), the agency commission if you work with an agent, and any debts to be cleared (mortgage, service charges, local tax).
- Buyer: on top of the price, add the deposit the bank requires, the notarial fee, 0.15% for the land registry, the bank’s costs and the move itself. A safety reserve is essential.
Frequently asked questions
Who pays the notary, the seller or the buyer?
In Romanian practice, the buyer pays the notarial fee and the land registry fee, while the seller pays the property transfer tax. It can be negotiated differently, but it has to be set out in the preliminary contract.
How is the 1% or 3% tax calculated?
On the value in the sale contract: 3% if you have owned the property for less than 3 years, 1% if you have owned it for more than 3 years. If the declared value is lower than the one in the notaries’ market study, it is applied to the value in the study.
What is the land registry fee?
It is the fee paid to ANCPI for registering ownership in the land register, 0.15% of the value for private individuals. As a rule, the buyer pays it.
Can I declare a lower price in order to pay less tax?
There is no point: the tax is calculated at least on the minimum value in the notaries’ chamber market study, and an unrealistic price in the deeds creates problems at a future sale and for the tax calculation at that point.
Would you like to know what you would actually be left with after a sale? I will do the arithmetic for your own case, with no obligation.
Sources
- The Fiscal Code (Law no. 227/2015), art. 111 — the 1% and 3% rates and the minimum value from the market study.
- Order of the Minister of Justice no. 177/C/2024 — the minimum fees of public notaries (value bands).
- ANCPI — the 0.15% tariff for registration in the land register for private individuals.
