CAEN Code Rev. 3

6820

Renting and subletting of own or leased real estate properties

EU NACE Equivalent: NACE Rev. 3 — 6820

This code covers the activity of renting or subletting own or leased real estate, whether residential, commercial, industrial spaces or land. Essentially, if you own a property and lease it to others for rent, or if you lease a property and then sublet it, you fall under this category. It does not include real estate management services or hotels.

Entrepreneur Profile

Acest cod este potrivit pentru persoane fizice sau juridice care dețin imobile și doresc să le închirieze, precum și pentru investitori imobiliari care închiriază proprietăți pentru a le subînchiria. Este util și pentru SRL-uri care administrează un portofoliu de proprietăți închiriate.

Who should avoid:

Avoid the exclusive use of code 6820 if the main activity of your company shifts towards other commercial or related branches not specified in the official description. See the excluded activities section below.

Authorization procedure and Trade Register aspects for CAEN 6820

When registering a company with the main activity CAEN 6820, the Trade Register (ONRC) requires submitting a sworn declaration according to Law 359/2004 regarding the fulfillment of operating conditions. There is no mandatory prior approval from authorities, but the articles of association must clearly state that the company will carry out activities of renting and subletting own or leased real estate. If the company is already established and wishes to change its activity object, an application is filed with the ONRC (standard form) along with the shareholders' resolution and the updated articles of association. Fees are approximately 200-300 RON. Note: real estate management on behalf of third parties (CAEN 6831) is distinct and requires a special authorization from ANPC – for CAEN 6820 this does not apply.

Regulatory framework, specific approvals, and control institutions

The main normative acts are Law no. 114/1996 (Housing Law) and Law no. 17/2014 on real estate management (only if managing third-party properties). For CAEN 6820, control is exercised by the Tax Authority (ANAF) (compliance with tax obligations), by ANPC (if rental contracts are concluded with consumers – but no prior authorization procedure applies), and by the Territorial Labor Inspectorate (if employees are hired). No environmental, fire safety, or sanitary approvals are required, except in cases where the property is used for activities that require such approvals (e.g., commercial spaces). If the company rents residential properties, it is mandatory to register contracts with ANAF (the RO e-Factura system for invoices, but not for contracts) and to comply with the provisions of the Fiscal Code regarding income tax from rentals.

Fiscal management, ANAF audit risk, and specific accounting

From a fiscal perspective, rental income qualifies as income from independent activities (for individuals) or operating income (for legal entities). Companies paying profit tax calculate it at 16% (or 1% on revenue for micro-enterprises). VAT: real estate rental is exempt from VAT without deduction right (Art. 292 of the Fiscal Code), but there is an option for taxation (Art. 292 para. 3) – a declaration is filed with ANAF and 19% VAT applies. ANAF audit risk: rental income can easily go undeclared, and ANAF checks for the existence of rental contracts registered with the tax authority (mandatory for individuals). Accounting: it is recommended to separately record owned properties (account 2111) and leased and subleased properties (account 212); depreciation is calculated linearly for buildings (maximum rate 5% - Art. 24 Fiscal Code). Deductible expenses include: property tax, maintenance costs, repairs, insurance premiums, management fees. For individuals, net income is determined based on the income norm (if not opting for real accounting) and declared in the single declaration. Penalties: undeclared income results in fines starting from 5,000 RON and calculation of penalty interest.


Included Activities

  • ✅ Renting and operating own or leased real estate
  • ✅ Renting apartments and houses
  • ✅ Renting commercial spaces, offices, warehouses
  • ✅ Renting land (agricultural, industrial, etc.)
  • ✅ Subletting real estate

Excluded Activities

  • ❌ Operation of hotels, motels, boarding houses (code 5510)
  • ❌ Operation of camping sites (code 5530)
  • ❌ Real estate management on a fee or contract basis (code 6832)
  • ❌ Renting of machinery and equipment (code 7731-7739)

Întrebări Frecvente

Do I need authorization from the city hall to rent an apartment as an individual?

No, a special authorization is not required for renting an apartment, but you must declare the rental income to ANAF and pay the corresponding tax.

Can I use CAEN code 6820 for Airbnb or short-term rentals?

Yes, code 6820 covers short-term rentals, but you must check local tourism regulations and obtain any necessary operating permits from the city hall.