Buying property in Italy is a significant step that requires understanding the local legal system. The key figure in any real estate transaction is the Italian notary (notaio), who holds a special status and performs functions that differ significantly from notaries in other countries. Understanding the notary’s role and the transaction procedure will help you avoid surprises and feel confident throughout your property purchase journey.
The Role of an Italian Notary: More Than Just Witnessing Signatures
Unlike notaries in many other countries, an Italian notary is a state official appointed by the Ministry of Justice. They bear personal financial responsibility for the correctness of transactions, ensuring maximum protection for both parties involved in the property purchase.
Key Functions of an Italian Notary in Real Estate Transactions:
- Verification of property legal status – requesting cadastral extracts, checking ownership history, confirming absence of liens and legal disputes
- Identity verification – checking documents of both seller and buyer, confirming their legal capacity
- Preparation of the purchase agreement – drafting a legally correct contract in Italian
- Consultation for both parties – explaining transaction terms, rights, and obligations
- Transaction registration – recording the property ownership transfer in state registers
- Tax calculation and payment – automatically calculating all taxes and fees, ensuring timely payment to the government
Important: The Italian notary is a neutral party who protects the interests of both sides of the transaction and the state, not just the buyer or seller.
Two-Stage Property Purchase Process: Why It Matters
In Italy, buying property involves two notarial stages:
1. Preliminary Contract (preliminare or compromesso)
This establishes the parties’ intentions and sets the terms and timeline for the future transaction. At this stage, a deposit (caparra confirmatoria) is typically paid – usually 10-30% of the property value.
2. Final Deed of Sale (rogito notarile or atto di compravendita)
This finalizes the property ownership transfer. After signing and registration, you become the full legal owner of the property.
Why two stages? This provides time for the buyer to conduct final property inspections, secure mortgage financing (if needed), and arrange technical surveys. For the seller, it allows time to prepare all necessary documents and vacate the property. The period between preliminary and final contracts typically ranges from 1 to 3 months.
Stages of Working with an Italian Notary
1. Preparation Phase (2-4 Weeks Before Transaction)
Choosing a notary: Typically, the buyer selects and pays for the notary’s services. When working through a real estate agency, you’ll receive recommendations for verified professionals.
Document collection: The notary requests necessary documents from both parties and begins preparing the contract.
Required Documents from the Buyer:
- Valid passport and, if applicable, residence permit from another country
- Codice Fiscale (Italian tax code – mandatory for any transaction)
- Proof of funds (bank statements)
- Accepted purchase offer (proposta irrevocabile d’acquisto)
- Power of attorney (if buyer acts through a representative) – must be apostilled and translated
2. Deed Signing Day (rogito notarile)
What happens during the transaction:
Contract reading: The notary reads the entire contract aloud in Italian. This is a mandatory legal procedure. An interpreter provides simultaneous translation for the buyer.
Confirmation of understanding: The notary ensures both parties understand all transaction terms and agree to them.
Contract signing: First the seller signs, then the buyer, followed by the notary’s signature and seal.
Payment transfer: The safest method is through the notary’s escrow account. Funds are transferred to the notary’s special account before contract signing, and they transfer them to the seller after transaction registration. This guarantees security for both parties.
Key handover: Occurs immediately after contract signing, unless parties agree otherwise.
Registration: The notary registers the transaction with the Revenue Agency (Agenzia delle Entrate) and property cadastre within 30 days.
Italian Notary Fees and Costs
The cost of notary services in Italy depends on the transaction’s complexity and documentation volume. On average, notary fees start from €3,500 and increase based on property value and transaction specifics.
Notary fees DO NOT include:
- Taxes: registration tax (imposta di registro), cadastral and mortgage taxes – ranging from 2% to 9% of the value depending on buyer category
- Registration fees
Important Considerations When Buying Property in Italy
- The notary must verify the transaction’s legal validity, but when purchasing through an agency, additional legal due diligence is already conducted during property selection.
- Contracts are always drafted in Italian. The contract can be translated and apostilled for legal validity in your home country.
- Personal presence is mandatory. If you cannot attend in person, you must arrange a power of attorney (apostilled, translated, and legalized at the Italian Consulate).
- Property ownership transfers upon signing, but full registration takes up to 30 days.
- The notary bears responsibility for 10 years for proper transaction execution, providing additional protection for buyers.
Why Work with a Professional Real Estate Agency
While the notary ensures the transaction’s legal validity, a professional real estate agency manages the entire process: selecting a reliable notary, coordinating meetings, assisting with document collection, providing qualified interpreters, and offering complete support until key handover.
Trevi Elite works with verified Italian notaries specializing in transactions with foreign buyers. We provide full support in Russian and English at every stage – from initial consultation to receiving your registered contract.
Buying property in Italy is simple when you have professionals by your side!
Frequently Asked Questions About Italian Notary Transactions
Q: Can I choose my own notary?
A: Yes, buyers typically have the right to choose the notary and are responsible for their fees.
Q: How much time should I allocate for the notary appointment?
A: Plan for 1.5-2 hours for the contract reading and signing ceremony.
Q: What happens if I don’t speak Italian?
A: A certified interpreter must be present, and their services are typically arranged by your real estate agency.
Q: Can I sign remotely?
A: No, Italian law requires physical presence. However, you can appoint a representative with proper power of attorney.
Q: When do I pay the notary?
A: Notary fees are typically paid at the time of the final deed signing.
