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Italian Contracts: What to Watch for When Buying a Property

Want to buy a house in Italy? Italian contracts are a key part of the process. Here’s a simple guide with all the steps you need to know, straight from our local experts.

Buying a property in Italy can feel like a dream come true. After all, who wouldn’t want a lovely house in the rolling hills of Tuscany or a cute apartment in the beautiful streets of Venice?!

But when it comes to all those legal and technical steps, things are not always as ‘simple as they seem’, and Italian contracts make an important part of the process.

Here’s our “stress-free” guide to help you through it all.

Two Main Italian Contracts

In Italy, buying a property typically involves two main contracts:

  • The Preliminary Contract (Compromesso)

This is the agreement where the buyer and seller outline the terms of the sale. It’s legally binding and usually involves a deposit (caparra confirmatoria), which can be anywhere from 10% to 30% of the property’s value.

  • The Final Contract (Rogito)

Signed in front of a notary, this Italian contract finalizes the sale and transfers ownership of the property to the buyer. The notary ensures everything is legally compliant and officially registers the property in your name.

Have a Trusted Notary

Image source: Freepik Notary services for Italian contracts

The notary (notaio) is your go-to person for making sure the sale is legal. In Italy, they’re neutral. They don’t work for you or the seller, but the buyer usually chooses the notary. Pick someone you trust because they’ll check if the property has any hidden issues like unpaid taxes or disputes.

Be Clear on What’s Included

Image source: Freepik Wooden room chair

Sometimes, what’s advertised isn’t what you get. Does the price include furniture? Appliances? Fixtures? Be super clear in the preliminary contract about what’s included, in case you’re expecting the property to have these facilities. It’s better to over-communicate now than be disappointed later.

Watch for Zoning and Building Permissions

If you’re planning to renovate or expand, make sure the property is up to code and has the right permissions (permesso di costruire). This is especially important for those thinking of investing in the future. The last thing you want is to buy your dream house only to find out you can’t make the changes you’ve been dreaming of.

Budget for Additional Costs

The price tag isn’t the whole story. Here’s what else you need to budget for:

  • Taxes: These depend on whether it’s your main home or a holiday spot.
  • Notary Fees: Usually 1% to 2% of the property’s price.
  • Agency Fees: Real estate agents typically charge 3% to 5%, split between buyer and seller.
  • Legal Help: A lawyer isn’t required, but if afforded, having one is always a good idea to make sure everything’s done correctly.
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Check for Debts or Liens!!

Before signing anything, confirm the property doesn’t have any unpaid debts, mortgages, or liens. The notary will check this, but it doesn’t hurt to double-check. You know what they say: better safe than sorry!

The “Right of First Refusal”

In Italy, neighbours or tenants of certain properties may have the right of first refusal (diritto di prelazione) when the property is sold. This is more common in rural areas and can delay the process if not addressed early.

Translate and Double-Check Everything

Unless you’re fluent in Italian, have all Italian contracts translated by a professional translator or bilingual lawyer. Never sign anything you don’t fully understand. A small misinterpretation can lead to big headaches down the line.

Plan for Closing Day

On the day of the final contract signing, you’ll need to:

  • Provide proof of payment for the agreed price (usually via bank transfer).
  • Present all necessary identification documents.
  • Pay the remaining fees and taxes.

Once everything is signed and the funds are transferred, congratulations, the property is officially yours!

Trust the Process

Italy’s property-buying process can take longer than you might expect, so this is a reminder to stay patient and trust the process. “Good things take time”. A little preparation goes a long way toward making your Italian property dreams a reality, and it’s all worth it at the end of the day.

For more tips on relocating to Italy, feel free to join our community of like-minded members.

Sources

What is a contratto preliminary

Permesso di costruire

Buying fees in Italy

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Sara Alimehmeti

Sara embodies the definition of creativity in her role as a content creator on our team. As a native Albanian, she focuses on writing qualitative pieces, mostly well-researched articles and informative blog posts. She also plays a key role in creating engaging social media posts to build a like-minded community of Albanian lovers and keep them engaged. Her qualifications, among others, include a Reuters-accredited certificate in journalism, language certification, internship experience in Bucharest, and training in digital marketing. If Sara’s not on her desk creating content, you might find her reading a good book or penning her thoughts in her diary.

You can also find her words on Momentum Group, Bulls Media Albania, 112hub, and Ajroni.

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