As buying property in Italy is essentially a legal transaction, it’s important that you have the right professionals on side to help you navigate the legalities involved.

 

Enlisting an Italian lawyer who knows the buying process inside and out will ensure your best interests are protected at all times. The lawyer that you employ must be independent, bilingual, and boast a thorough knowledge of every step involved in buying property in Italy. As all of the major legal steps involved in your purchase will take place in Italian, it’s important that your solicitor speaks fluent English so that they can translate for you at every stage. Italy Property Guides can put you in touch with trusted and carefully selected bilingual solicitors to help you with your property purchase in Italy.

A property transaction in Italy cannot go ahead without a notary being involved.

The role of the notary

As well as employing the services of a solicitor, when buying in Italy you will need to appoint a notary. Notaries in Italy are public officers, appointed by the state whose role is to authenticate and attest all legal acts. They tend to specialise in property, corporate, and family law, conveyances and successions, and are a neutral body that work within the law to facilitate legal solutions, to reduce the chance of future legal issues. Any notary that you appoint must be a member of the Consiglio Nazionale del Notariato.

Italy - Buying - Legal

We always recommend enlisting a bilingual Italian lawyer to take you through the buying process.

 

A property transaction in Italy cannot go ahead without a notary being involved. This means that as soon as you have identified a property you want to buy, it will be your duty as the buyer, to appoint a notary, and to front their fee. Despite you paying for their service, a notary is neutral party. They are there in an official capacity as a representative of the government, and not to represent the individual interests of either the buyer or seller.

When working out how much you will have to pay in legal fees, you need to factor in the cost of a solicitor, notary, and an interpreter where necessary.

The role of the notary is as follows:

1. First they will carry out formal document checks on the property, including ownership, land boundaries, rights of way, and existing mortgages.

2. Next, they will set a date for the deed of sale (rogito) to be signed in person by both parties at the notary’s office. The buyer, vendor, estate agent, and an interpreter will need to be present at this point.

  • At the deed of sale, you will be required to produce your passport, tax code (codice fiscal), mortgage documents, and your marriage certificate if applicable.
  • The notary will calculate the taxes that need to be paid on the transaction, will collect them on completion of the sale, and will then pay them on behalf of both parties.
  • The notary will read through the deed of sale and get both the buyer and the vendor to sign each page to state that they understand the conditions.
  • You will be asked to sign the most recent planimetria to confirm that the property is still as stated.
  • Once the deeds have been read, payment will usually be made with an assegno circolare (banker’s draft). The notary fees and taxes can be paid together, with a normal cheque.

3. Usually within three days of the contract of sale, the notary will register the contract of sale.

4. The deeds will then be sent to you within a short space of time.

 

Cost

When working out how much you will have to pay in legal fees, you need to factor in the cost of a solicitor, notary, and an interpreter where necessary.

After sales services

Once the sale of your Italian property has gone through, you might like to retain the services of your independent solicitor to help you with any requirements moving forwards. For example, if you have plans to start a business, set yourself up as self-employed, draw up a will, or if you need advice on residency.

Italy Property Guide can put you in touch with a law firm that can advise on ownership and inheritance issues in Italy.

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The Italy Buying Guide walks you through each stage involved in buying property in Italy, and offers invaluable insights from expats and experts who understand the process. The guide will help you to:


  Ask the right questions
  Avoid losing money
  Avoid the legal pitfalls
  Move in successfully

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