Real Estate Law · January 2026
Law no. 207/2025 introduces a regulatory framework for the sale of properties under construction, with new buyer protection mechanisms. An analysis of the main changes — and their limitations.
Pre-sale agreements will be registrable in the land book, with pre-partitioning — meaning a separate land book entry is opened for each housing unit. This provision enters into force 3 months after the publication of the law, offering buyers additional legal security through the enforceability of their rights against third parties.
A reservation mechanism is introduced with clear conditions:
For the pre-sale agreement there is no maximum percentage cap set by law, although the introduction of such a limit had initially been discussed. The advance payment can be as much as 100% of the project price, but the developer may only spend it under certain conditions and at certain construction phases.
The developer is required to open a dedicated bank account for the construction of the project. The funds in this account may be used under conditions and at percentages established by law:
For the remaining phases and works, the law does not provide clear allocation rules — an aspect that will inevitably generate discussions in practice.
Using the funds from the dedicated account for other purposes or without complying with the conditions is sanctioned with a fine of 1% of the turnover recorded by the developer in the previous year. For companies established exclusively for the respective project — a frequent model on the market — this sanction has a negligible practical effect.
The need for regulation in this area was real and widely acknowledged. However, the law leaves a number of essential aspects uncovered that will generate discussions and practical bottlenecks. Reservation contracts, pre-sale agreements and clauses regarding the dedicated account will require careful drafting, adapted to the new legislative framework, in order to effectively protect the interests of both parties.
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