The notarial contract
Despite the legally binding preliminary contract, in Italy a purchase contract must be concluded for a property transaction to be valid, since ownership only transfers with the notarial deed.
Important: In Italy, ownership of a property passes directly to the buyer upon signing the notarial deed (rogito notarile). No land register entry is required for the transfer of ownership.
The notarization appointment
The purchase contract is usually signed in the notary’s office, as their presence is mandatory for authentication of the signatures. Normally, both parties are present for the reading of the contract, but either party may also appoint an authorized representative. Such power of attorney can be prepared by an Italian lawyer or notary, or by a lawyer/notary abroad (in which case it must be verified by the Italian embassy of that country). If you are not fluent in Italian, an officially recognized interpreter must be present, or you can authorize your lawyer to sign on your behalf.
Required documents include:
Copies of ID for all parties named in the contract
Notarized power of attorney if represented by proxy
Proof of marital status (for private individuals)
Certified extract from the commercial register (for companies)
Shareholders’ resolution approving the purchase/sale (for Italian companies)
Italian tax codes (codice fiscale) of all parties
Current cadastral extract (visura)
Official floor plan and site plan (planimetria catastale)
Purchase contract or inheritance certificate of the seller
Proof of any mortgages and confirmation of their cancellation upon payment
Confirmation that no property-related or personal tax arrears exist on the seller’s side
For buildings: building permit (concessione edilizia), certificate of habitability (abitabilità), any retroactive approval of illegal construction (sanatoria) including proof of penalty payment, energy certificate (certificazione energetica)
For land: lease agreements if applicable
For building plots: certificate of buildability (certificato di destinazione urbanistica)
For agricultural land: waiver of pre-emption rights by tenants/neighbors
Both parties must also declare the purchase price and name any involved brokers.
Attention: In Italy, a property remains liable for all outstanding tax debts, even if they concern the previous owner. To reduce this risk, the seller must expressly declare that the property was listed in their last tax return, otherwise they remain liable to the buyer.
Before signing, the notary verifies that all preliminary contract conditions have been fulfilled. The final deed essentially confirms the preliminary contract, adding any outstanding details. After signing, the notary records the ownership transfer in the Italian property register.
Payment
The purchase price is paid immediately upon signing at the notary’s office. The payment method must be declared in the contract. Cash payments are not allowed: payment must be made by transfer or bank draft. Notary fees and property transfer taxes, which the notary pays to the cadastral office on your behalf, are also settled directly with the notary. Since 2006, in private sales property transfer tax is calculated on the cadastral value, not the (usually higher) purchase price. Therefore, it is useless to underreport the price—at minimum the cadastral value must be declared, otherwise the state will investigate, potentially imposing heavy fines. Moreover, underreporting harms you in case of a future resale.
“As seen, as bought”
In Italy, property is purchased “as seen”, meaning in the exact condition it is in at contract signing. You should therefore inspect the property again immediately before signing to ensure no changes or damages have occurred since the preliminary contract, and that furniture and fixtures match the original offer. If new damages are found, inform the notary—he can withhold part of the payment from the seller until repairs are completed.
If the preliminary contract was not registered, have your lawyer double-check the land register to ensure the property has not been encumbered with a mortgage at the last minute.
Finally, the notarial purchase deed must be registered with the land register within 30 days. This is handled by the notary.