Who Pays the Fees When Selling an Apartment? The Complete Guide to Costs in Brașov and Timișoara
When you decide to make a purchase or sell a property in a dynamic and vibrant market like Brașov or Timișoara, the excitement of a new beginning comes hand in hand with a series of pragmatic questions. Beyond negotiating the price per square meter and settling the aesthetic details, financial clarity is essential. One of the most frequent dilemmas that arise in the pre-contract phase is: who pays the fees when selling an apartment?
In a premium real estate market, total transparency is not just a courtesy, but the new standard of professional excellence. Successful transactions rely on legal and financial predictability, eliminating any gray areas from the start. Moreover, modern technologies are completely redefining how we approach these transactions. Using high-fidelity, photoreal 3D virtual tours – entirely different from schematic "dollhouse" renders that distort proportions and strain the eyes – genuinely interested buyers, families relocating to the region, or IT specialists can explore properties in detail, directly from their screens. This aesthetic and technical pre-qualification eliminates unnecessary visits and undecided clients, saving time and resources for both parties involved, even before the first discussion at the notary is scheduled.
Do not let bureaucratic aspects overshadow the joy of a new acquisition. In this complete guide, we analyze the legislative framework in detail, the clear division of expenses, and how you can navigate the sale-purchase process without unpleasant surprises.
The Golden Rule in Real Estate Transactions: Who Pays What?
Although in day-to-day real estate practice there are certain local customs and commercial habits, the starting point is always the legal framework. To understand exactly who pays the fees when selling an apartment, we must refer to the clear provisions of the Romanian Civil Code.
According to Article 1,666 of the Civil Code, the general rule stipulates that the sharing of costs is done in a simple manner: "the expenses of the sale are borne by the buyer, in the absence of a stipulation to the contrary". However, the law leaves room for direct negotiation between the parties. In premium residential transactions in Brașov and Timișoara, this "golden rule" is strictly applied, but the final structure of auxiliary costs is often integrated into the initial negotiation to ensure a fair and fluid partnership.
An overview of the costs shows that the buyer typically assumes the transfer fees of the property rights (notary fee and land registration), while the seller is responsible for preparing the technical and legal documentation of the property, as well as the tax owed to the state. Ignoring these auxiliary fees in the early stages of negotiation can lead to unpleasant roadblocks on the very day of signing the sale-purchase contract. Therefore, a correct assessment of the total budget must always include these amounts well in advance.
Notary Fees and Land Registration: The Buyer's Responsibilities
When purchasing an apartment, the costs additional to the purchase price represent an important percentage of your total budget. Here are the main financial obligations of the buyer at the time of signing the papers:
Who pays the notary fee?
Traditionally and legally, the one who pays the notary fee is the buyer. Notary rates are not arbitrary; they are established by orders of the Ministry of Justice and vary based on a value scale relative to the declared value of the transaction. The more valuable the property, the higher the fee, although the actual percentage tends to decrease for large amounts. The fee includes drafting the contract, authenticating it, and managing the legal transfer procedures.
Land Registry registration fee (OCPI)
For you to become the rightful and public owner, your new status must be registered in the Land Registry of the locality (Brașov or Timișoara). This registration fee is collected directly by the notary office and transferred to the Office of Cadastre and Land Registration (OCPI). For individuals purchasing a property, the OCPI fee represents 0.15% of the sale price of the apartment.
How are these apartment sale notary fees calculated?
The exact value of these apartment sale notary fees depends directly on two major factors:
- The transaction value: If the sale price is lower than the minimum value in the "notary grid" (the market study used by notaries), the fees will be calculated based on the grid value, not the price negotiated by the parties. This prevents the artificial undervaluation of properties.
- The payment method: Purchasing through a mortgage loan brings additional costs for the buyer. In addition to the fee for the sale contract, the buyer will also pay the fee for the mortgage contract, plus the mortgage registration fee in favor of the bank (0.1% of the loan value + a fixed registration fee).
The Property File: Expenses and Documents Borne by the Seller
For the owner who decides to put their apartment on the market, the obligations are not limited to handing over the keys. Preparing a complete file of apartment sale documents involves time and a specific set of costs, which the seller must bear entirely to guarantee the legal validity of the transaction.
Before the notary can draft the sale-purchase contract, the seller must present the following documents and pay their associated costs:
- The Land Registry extract for authentication: This document blocks the Land Registry of the apartment during the transaction (for 10 days), assuring the buyer that the home cannot be sold to someone else or mortgaged during this interval. The cost of the extract is modest, but it falls strictly on the seller.
- The fiscal certificate: Issued by the Local Fiscal Directorate in Brașov or Timișoara, this document proves that the seller has no debts to the local budget for the respective property. This document is usually issued free of charge.
- The energy performance certificate: Mandatory by law for any sale or lease. The cost of issuing this certificate by an authorized energy auditor varies depending on the area of the property and is paid by the seller.
- The certificate from the homeowners' association: An original document signed by the president and administrator of the building certifying that the seller has no outstanding debts for common expenses.
The real estate property transfer tax
The largest expense borne by the seller is the tax on the transfer of property from personal patrimony. The Romanian fiscal framework stipulates that the seller owes the state a tax calculated as follows:
- 3% of the transaction value for properties with a value up to 450,000 lei inclusive.
- If the transaction value exceeds the threshold of 450,000 lei, the tax is determined differentially based on the holding period (whether the property has been owned for a period longer or shorter than 3 years).
The notary retains this tax at the time of signing and transfers it directly to the state budget, ensuring the seller's fiscal compliance.
Apartment Sale Expenses: Practical Scenarios and Exceptions
The premium real estate market in Timișoara and Brașov attracts a diverse typology of clients. For specialists in the IT industry or families accessing loans, the structure of apartment sale expenses can include specific elements:
- Mortgage loans: Under these programs, in addition to standard notary fees, the buyer must take into account the cost of the property appraisal (requested by the bank), mandatory and optional home insurance fees, and the registration fees of the mortgage in the National Register of Mobile Publicity (RNPM).
- Is it legal for the seller to pay the buyer's fees? Yes. Although the law provides a clear reference framework, the parties can agree through the sale promise on a different division of costs. For example, in strategic negotiations, a seller may choose to bear the notary fee to facilitate a quick transaction.
- Preliminary cost simulations: To avoid tense moments at the notary office, it is highly recommended to request a written cost simulation from the notary a few days before signing. Our agency proactively handles this step for all its clients.
How Our Agency Simplifies the Transaction for Both Parties
At our agency, we define luxury not only through the design of the buildings in our portfolio, but through the fluidity of the services offered. We know that our clients' time – whether they are local entrepreneurs, IT specialists, or Romanians in the diaspora – is their most precious resource. That is why we have completely eliminated the classic obstacles of real estate transactions.
By using photoreal 3D virtual tours, created with state-of-the-art optical technology that captures textures, natural light, and real proportions with millimeter accuracy (without the unrealistic and tiring "dollhouse" effect), we pre-qualify buyers at a superior level. Those who request a physical viewing are already convinced of the value of the space, which means that visits are highly efficient, and negotiations focus directly on concrete aspects.
For owners in other cities or in the diaspora, this methodology means they do not have to block their weekends with unnecessary trips to Brașov or Timișoara for viewings with curious onlookers. We manage the entire pre-qualification digitally.
Furthermore, we offer complete and dedicated assistance for preparing the document file, organizing the relationship with the notary office, appraisers, and banking institutions. We accompany you step by step, offering transparent legal and financial advice, so that your only concern is enjoying your new beginning.
Visit the about the agency page to discover our working philosophy and how we transform real estate transactions into a premium, stress-free experience.
Frequently Asked Questions
Who pays the notary fee when selling an apartment?
In accordance with legal customs and the provisions of the Civil Code (Art. 1,666), the buyer is the one who entirely bears the public notary's fee for drafting and authenticating the sale-purchase contract.
What tax does the seller pay when selling an apartment?
The seller owes the state a tax on the transfer of property rights. Based on current fiscal rules, this is 3% for properties valued under 450,000 lei. For amounts exceeding this threshold, the calculation method differs depending on the holding period of the property (over or under 3 years).
Who bears the Land Registry registration fee?
The fee for registering the property right in the name of the new owner in the Land Registry (OCPI) is paid exclusively by the buyer. For individuals, this fee represents 0.15% of the transaction value.
Can the seller be forced to pay the notary fee?
The law allows total contractual freedom. The seller and the buyer can agree through direct negotiation that all notary expenses be split equally or borne entirely by the seller, although this situation is an exception.
What costs does the seller have for the document file?
The seller must pay for obtaining the Energy Performance Certificate, issuing the Land Registry extract for authentication, plus any costs for obtaining certificates from the homeowners' association or utilities.