If you live outside Romania and need to sell, buy or gift a property here, sign a mortgage or take part in a succession, you do not always have to travel. A person you trust can sign on your behalf on the basis of a power of attorney (in Romanian, procură). For the notary in Bucharest to accept it, the power of attorney must meet the requirements of Romanian law — in form, in content and in the way it is legalised. This guide explains those requirements and how to avoid the problems we see most often.
The most frequent situations are:
Under Romanian law, a power of attorney produces effects only if it is given in the form required by law for the contract that the representative will conclude (Art. 1,301 of the Civil Code). Likewise, a mandate given for a legal act that must observe a certain form has to observe that form, under the sanction that applies to the act itself (Art. 2,013 (2) of the Civil Code).
Many deeds signed before a Romanian notary must be authentic, under the sanction of absolute nullity: contracts that transfer or create real rights to be registered in the land book, such as a property sale (Art. 1,244 of the Civil Code), a gift (Art. 1,011) and a mortgage (Art. 2,378). For these deeds, the power of attorney must also be an authentic instrument.
The requirement does not disappear because the power of attorney is signed in another country. Where the law governing the substance of an act requires a solemn form under the sanction of nullity, no other law can set that requirement aside, wherever the act is drawn up (Art. 2,639 (3) of the Civil Code).
In practice, this is where most problems arise. In some legal systems — for example, in common-law countries — notaries public mainly certify signatures and do not draw up authentic instruments. A document on which a foreign notary has only certified your signature may therefore not meet the Romanian requirements for a property deed.
A general power of attorney is not enough either. It authorises only acts of conservation and administration; to sell or mortgage a property, your representative must be expressly empowered (Art. 2,016 (1)–(2) of the Civil Code). In practice, you give a special power of attorney for the specific deed.
Romanian diplomatic missions and consular offices can perform notarial acts (Art. 8 of Law no. 36/1995), so they can draw up the power of attorney in authentic form. This is usually the simplest route: the document is issued by a Romanian authority, in Romanian, so it needs neither an apostille nor a translation to be used before a Romanian notary. Consulates work by appointment, so plan ahead.
You can also sign before a local notary, provided that the instrument meets the Romanian form requirements described above. In addition:
A power of attorney for a property deed should be precise. As a checklist:
Besides the expiry of its term, a mandate ends when you revoke it, when your representative renounces it, or on the death, incapacity or bankruptcy of either of you (Art. 2,030 (1) of the Civil Code). If you change your mind, inform your representative and the notary straight away, so that the power of attorney is not used.
We can prepare the text of the power of attorney in Romanian, with an English version for your information, so that you can sign it at the consulate or before a local notary — or we can check a draft prepared elsewhere. Drafting legal documents at the parties’ request is one of the notary’s tasks (Art. 12 (a) of Law no. 36/1995). Send us the details of the deed you need, and we will tell you which form and which steps apply in your case.
Yes, provided that it meets the Romanian form requirements — for property deeds, it must be an authentic instrument — and that it bears an apostille or is superlegalised and is translated into Romanian. Where local notaries only certify signatures, a Romanian embassy or consulate is usually the safer option.
No. It is a notarial act performed by a Romanian authority, in Romanian, so it is used in Romania without an apostille or a translation.
For the period stated in it. If no period is stated, the mandate ends 3 years after it was given (Art. 2,015 of the Civil Code). It ends earlier if it is revoked, or on the death of you or your representative (Art. 2,030).
No. A general power of attorney authorises only acts of conservation and administration. To sell or mortgage a property, your representative needs an express power (Art. 2,016 of the Civil Code) — in practice, a special power of attorney for that deed.
Only if you have expressly authorised it in the power of attorney, or if its terms are set so precisely that no conflict of interest is possible; otherwise, the contract can be annulled at your request (Art. 1,304 of the Civil Code).
Yes: heirs can be represented in the succession procedure through a special authentic power of attorney. A renunciation of inheritance is made by an authentic declaration before any Romanian notary or at a Romanian embassy or consulate (Art. 1,120 (2) of the Civil Code). See our guide on inheritance when heirs live abroad.
Information checked on 9 November 2026. This guide provides general information; for your specific situation, contact us.