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Guide

Planning to buy a property in Italy

Aspects to consider…

Property Purchase Guide. A Real Estate purchase in Italy can be a rewarding investment, but it’s essential to understand the legal processes, engage the right professionals, and plan for all associated costs. Legal assistance, especially from an experienced real estate lawyer, can provide peace of mind and help avoid pitfalls.

Buying property in Italy is an attractive prospect, but it involves navigating a unique legal and administrative landscape. Here’s a guide to help you understand the process and ensure a smooth transaction.

Property Purchase Guide

01

Understand the Legal Framework

• Ownership Rights: Italy recognizes full ownership, leasehold, and usufruct (the right to use and enjoy property owned by someone else).
• Restrictions for Non-EU Citizens: Non-EU citizens may face restrictions unless there is a reciprocal agreement between Italy and their home country. Always verify this before proceeding.

02

Engage a Real Estate Agent (Agente Immobiliare)

• Licensed Professional: Only use licensed agents who are registered with the local Chamber of Commerce.
• Fees: Agent fees are typically 3% to 8% of the purchase price, split between the buyer and the seller..

03

Preliminary Agreement (Compromesso)

• Purpose: The preliminary contract outlines the terms and conditions of the sale. It’s a binding contract that both parties sign.
• Deposit: A deposit (usually 10%-30% of the purchase price) is paid at this stage. If you back out, you may lose the deposit; if the seller backs out, they may owe you double the deposit.

04

Legal Assistance (Avvocato)

• Role of a Lawyer: While not mandatory, hiring a lawyer can help with due diligence, drafting, and reviewing contracts. Lawyers typically charge 1% to 2% of the property value.
• Due Diligence: Your lawyer will check for legal issues like unpaid taxes, encumbrances, or disputes over the property..

05

Notary (Notaio)

• Role: The notary is a public official who ensures the legality of the transaction. They prepare the final deed of sale (Rogito), ensure taxes are paid, and register the property in the new owner’s name.
• Fees: Notary fees usually range between 1% and 2% of the purchase price.

06

Final Contract (Rogito)

• Signing the Deed: Both parties sign the deed in the presence of the notary. The balance of the purchase price is paid, and the property ownership is transferred.
• Registration: The notary registers the deed with the Land Registry (Catasto), officially transferring ownership.

07

Taxes and Fees

• Registration Tax: Varies depending on the property type (main residence vs. second home) and whether you are an Italian resident. It ranges from 2% to 9% of the property value.
• VAT: If purchasing from a developer, VAT might apply, typically 4%-10%.
• Municipal Taxes: Annual property taxes include IMU (Municipal Property Tax) and TASI (Tax for Indivisible Services), based on property value.

08

Financing

• Mortgages: Italian banks offer mortgages to non-residents, but terms can be less favorable. It’s often required to have a substantial deposit, sometimes up to 40% of the purchase price.
• Currency Exchange: Consider fluctuations in exchange rates if you are buying from abroad.

09

Post-Purchase Obligations

• Utilities and Services: Arrange for the transfer of utilities and services (water, electricity, gas, etc.) into your name.
• Insurance: Property insurance is not mandatory but recommended to protect your investment.

10

Additional Considerations

• Residency: Owning property in Italy does not automatically grant residency. However, property ownership can be a factor in obtaining a long-term visa or residency permit.
• Renovations: If you plan to renovate, be aware of local regulations and potential requirements for permits.

Conclusion

Engage the right Professionals

Buying property in Italy can be a rewarding investment, but it’s essential to understand the legal processes, engage the right professionals, and plan for all associated costs. Legal assistance, especially from an experienced real estate lawyer, can provide peace of mind and help avoid pitfalls.

Why Choose Us?

Expertise in Italian Real Estate Law

Our team of bilingual lawyers is specialized in Italian real estate law, offering unparalleled expertise and experience in the field.

Tailored Legal
Services

We provide customized solutions that cater to the unique needs of foreign buyers, ensuring a smooth and stress-free buying experience.

Transparency and Integrity

We prioritize transparency in all dealings, keeping you informed and involved throughout the process.

Comprehensive Support

From property searches to post-purchase management, we offer a full suite of services to cover all aspects of buying and owning property in Italy.