Current context
Following the recent announcement by the National Authority for Consumer Protection (ANPC) regarding the inspection of about 500 real estate developers across the country – half of whom were found to have infringements – the real estate market is facing increasing pressure to comply with legal standards on consumer protection.
The most common infringement found was the sale of homes with smaller surface area than required by law, in addition to transparency issues regarding information and contractual terms.
Legal regime
According to Romanian national legislation, in particular Ordinance 21/1992 on consumer protection, Emergency Ordinance 140/2021 on specific details regarding sales supply contracts, Law 193/2000 on abusive terms in contracts consumer-professional parties, Law 363/2007 on preventing unfair practices, Law 158/2008 on advertising, and regulations setting minimum standards for residential buildings and quality in construction, real estate developers are considered professionals who offer goods and services to consumers.
Therefore, consumer protection rules apply directly to contractual relationships, promotional materials, and the way buyers are informed.
Failure to comply with these rules may result not only in administrative sanctions (fines or suspension of activity), but also in civil responsibility—from the ineffectiveness of contracts to the refund of amounts paid and reputational risks.
Main legal aspects highlighted by the ANPC initiative
- Defining and verifying effective surface :
Developers must ensure that all promotional materials, pre-contracts, and sales contracts use the same legal definition of footprint (not including walls or any structural features).
Differences between the data communicated in advertising and that in the contract may be classified as misleading commercial practices.
- Transparency and the obligation to provide information:
Consumer regulations require that all essential information must be clearly and fully provided before the contract is signed—including surface areas, finishing standards, deadlines for delivery, and guarantee conditions.
- Contractual terms and guarantees:
Standard contracts should avoid abusive terms and comply with the guarantee rights provided for in civil and construction law.
Recommendations for developers
- Legal due diligence: review preliminary contracts, sales contracts, and advertising materials to ensure consistency and accurate information.
- Technical due diligence: collaborate with certified experts to confirm footprints and compliance of technical documentation.
- Internal procedures: setting clear protocols for communicating with consumers and managing post-sale guarantees.
- Proactive collaboration with authorities: working together during inspections can show good faith, and presenting a compliance plan can lower the risk of severe sanctions.
Conclusion
The recent action by ANPC marks a step towards strengthening surveillance of the real estate market and a clear signal that compliance requirements will be closely watched. For developers, this context should not be seen only as a threat, but as an opportunity to strengthen credibility by adopting transparent and compliant practices.