Judicial Enforcement Officer for Obtaining the Neighbors' Approval

Unjustified Refusal of Neighbours’ Consent – Legal Options for Property Owners

Few topics generate as much frustration among short-term rental property owners as the issue of neighbours’ consent. For many, this requirement has become a constant obstacle, preventing the lawful use of properties acquired through personal, well-considered and fully legal investments.

For this reason, it is essential that this subject is properly understood, beyond personal opinions, fears or commonly circulated myths.

Neighbours’ rights are not absolute

Although neighbours’ consent is required in certain situations provided by law, their right to refuse is not unlimited and cannot be exercised arbitrarily.

A neighbour cannot legally refuse consent:

• simply because “they do not want to”,

• simply because they “assume there might be noise”,

• simply because they disagree, in principle, with the idea of renting.

For a refusal to be legally justified, it must be based on real, proven and documented facts.

What a justified refusal actually means

A justified refusal does not mean:

• “I heard noise once”,

• a general concern or assumption,

• a single, isolated complaint.

A justified refusal requires the existence of clear precedents, such as:

• multiple complaints filed with the police,

• repeated interventions by authorities,

• official findings confirming, without doubt, the existence of real issues (for example, repeated disturbance of public order or quiet hours).

In practice, a single complaint may be considered an exception. To establish a solid legal basis, there must be at least two distinct, documented incidents in which authorities formally confirmed the reported problem.

An unjustified refusal means legal solutions exist

If you are facing a neighbours’ refusal that is not supported by concrete evidence, it is important to know that there are legal avenues to challenge it.

The Association for the Management of Rental Properties (AGPI) has thoroughly analysed this matter and, with the support of the relevant European association, has obtained and consolidated the full applicable legal framework, so that property owners are not left to navigate a complex legal field on their own.

The first step before going to court

Before initiating court proceedings to obtain neighbours’ consent, legislation and legal practice recommend a crucial preliminary step: formally notifying the neighbour through a judicial enforcement officer (bailiff).

This notification aims to:

• clearly explain the applicable legal framework,

• outline the limits of the right to refuse,

• demonstrate why an unjustified refusal cannot be legally upheld.

In many cases, this step alone is sufficient to resolve the situation, without the need for court action.

Indicative costs of the notification

For transparency, the approximate costs of this procedure are:

• around 100 RON for sending the notification by post;

• around 200 RON + VAT for delivery by a bailiff’s agent directly to the location.

These amounts are indicative only and may vary over time, depending on tariffs, inflation or future cost adjustments.

Freedom to choose the bailiff

AGPI does not condition this procedure on working with a specific judicial enforcement officer. Property owners are free to use any bailiff of their choice.

However, for those who do not already have a contact, the association has established a collaboration with a bailiff who is familiar with this specific legal situation and the necessary procedural steps.

Access to the notification text

A key element of this process is the content of the notification itself. The bailiff does not provide this text; it must be supplied by the property owner.

AGPI makes available to its members:

• the complete notification text,

• legally substantiated,

• specifically tailored to this situation.

For reasons of fairness and sustainability, this document cannot be made publicly available. To access it, you must become a member of the association.

AGPI’s work involves continuous legal analysis and institutional collaboration. Your support, through membership, donations or sponsorships, enables us to continue developing practical, real-world solutions for property owners.

Judicial Enforcement Officer – Contact Details

BEJ Costescu Lucian
Website: https://executorcostescu.ro/
Email: office@executorcostescu.ro
Phone: 021 337 1736

If you are facing an unjustified refusal of neighbours’ consent, do not remain stuck in a situation that can be resolved legally. AGPI is here to provide guidance, concrete tools and genuine support.