The steps to buying a property in Italy

A foreigner planning to buy a place in Italy should be aware of the main Italian law issues concerning the real estate buying process.

The transaction has to be governed by Italian law and the deed has to be executed before a public notary. The public notary acts as a State officer and takes care of the registration of the real estate transfer at the land registries (conservatoria and catasto). Usually the public notary is chosen by the purchaser.

Only citizens belonging to countries which allow Italian citizens to purchase real estate assets in their countries can buy property in Italy (reciprocity).

The Buying Process

Once the property has been chosen, the two main steps of the buying process are usually:

* the signing of the commitment agreement (compromesso)
* and the execution of the final deed of sale (rogito notarile)

It is usual practice to pay a deposit (caparra), the amount being agreed between the parties (but usually 10 to 20 percent of the price), at the signing of the commitment agreement.

The consideration for the sale shall be paid at the execution of the deed of sale (the deposit paid at the commitment agreement will be considered as part of the consideration for the property at the time of the execution of the deed of sale).

The involvement of the notary is not mandatory for the signing of the commitment agreement. However, only a commitment agreement executed before a public notary as a public deed can be registered at the land registries. Such registration is the only way to protect the purchaser in case the seller sells to a third party during the time between the signing of the commitment agreement and the execution of the deed of sale.

By the commitment agreement the purchaser is committed to buy and the seller is committed to sell but in some cases at the outcome of the negotiation process the purchaser may be required to sign an irrevocable proposal binding only for the purchaser. The commitment agreement contains, among others, the date for the execution of the deed of sale, such date being subject to postponement if so agreed between the parties.

Before signing any document, it is strongly advised to verify the chain of title as well as any other charge (such as easements or mortgages) that might exist on the property and the compliance of the property with the planning and building regulations. This can be checked at the land registries office. When a real estate agent is involved they should carry out such checks on behalf of the purchaser. A surveyor or technician (geometra) may be appointed by the purchaser at any stage to carry out the technical surveys on their behalf (and at their own care and cost).

In any case the public notary performs these surveys before the execution of the deed of sale.

Note: Check the estate agent is is duly registered in the "Ruolo AGENTI IMMOBILIARI " of the local " Camera del Commercio .

Means of financing a property purchase
Loans (now up to 90 percent of the value of the property) can be granted by banks, provided that a mortgage is registered on the property to secure the re-payment of the loans.
Property Tax

The purchaser is generally responsible for taxes payable at the transfer of the property.

In case of purchase from a physical person (not a contractor) the purchaser has to pay the registration tax. In case of purchase from a company or a contractor the purchaser has to pay the value added tax (VAT).
In any case of purchase from physical person or company or a contractor trough a real estate agent has to pay the agency fee value added usualy 3% of the total price.

Foreigners
Note that married people should expect to be asked by the public notary about their matrimonial property regime (regime patrimoniale).

For any question, personalized request or particular necessity pls do not hesitate to contact us at the following form or email address: sales@accomodationsrome.com.We will be happy to give you any kind of explaination and support.

More Info :
Agency assistance
Steps to buying a property in Italy
investment return - Property managment
Services for Owners