Checklist property purchase in Italy
The purchase of a property is often a matter of “gut feeling” or even “love at first sight.” Nevertheless, you should carefully examine the chosen property and ask some fundamental questions: When was the property built or completely renovated? Have the current owners lived there themselves? Was it used as a primary residence or as a holiday home? What is the reason for the sale? How long has it been on the market, and how many agents are handling it?
Beyond this initial information, you should conduct thorough checks with the help of the agent, the seller, a notary, your lawyer, and the municipal offices. If you are buying a building plot, verify that a building permit certificate (certificato di destinazione urbanistica) exists; otherwise, you risk buying land that cannot legally be built on. Confirm what can be built on the land and what use of the property is allowed; the local town hall (municipio) can provide this.
Check the property boundaries (confini del terreno) and minimum distances to neighbors, and ensure there are no pre-emption rights (diritto di prelazione) or planned developments nearby that could reduce the property’s value (such as new roads). For agricultural land, tenants and direct neighbors may exercise a pre-emption right for up to two years after the sale; request a formal waiver. Heritage-protected buildings (beni culturali) are also subject to a state pre-emption right, which the notary must verify, and they often come with strict renovation restrictions.
Unauthorized construction is common in Italy. Always request building permits (concessione edilizia), retroactive legalization (sanatoria), and proof of paid fines. Measure the actual living space and compare it with the stated figures: a deviation of more than 5% entitles you to withdraw from the purchase or claim reimbursement/compensation. Confirm whether rights of way (servitù di passaggio) exist, since you may need to cross another property to access yours, or vice versa.
Inspect the structural condition carefully: cracks (crepature), damp or mold (muffa), water stains, roof insulation and tiles (tegole), gutters (grondaie), and especially the ground stability in hillside locations (pendice), where landslides (frane) can occur. Check that utilities (electricity, water, gas) are working and ask for annual heating and cooling costs.
If water comes from a well or the lake, confirm that the system functions year-round, even at low water levels. If there are no connections to electricity or water, find out about the installation costs. Ask whether alternative energy sources (fonti energetiche alternative), such as solar panels, are allowed; in historic centers this is often restricted.
Make sure the property is not rented out at the time of purchase, as Italian tenant protection laws (tutela dell’inquilino) are very strict and leases (contratti di locazione) are difficult to terminate. Confirm that there are no outstanding tax debts (arretrati d’imposta) or unpaid utility bills, as these transfer to the new owner. Annual maintenance certificates for heating, gas, and water installations must also be checked. Likewise, mortgages and loans encumbering the property are transferred to the buyer if not settled before the notarial deed (rogito notarile); ensure all debts are cleared.
If the property has been inherited by multiple heirs, confirm that all heirs (eredi) consent to the sale, since they have up to five years to contest it. If the seller is a company, verify that it is not bankrupt (fallito) and no insolvency proceedings are pending, otherwise your property may be drawn into the bankruptcy estate up to two years after purchase.