Italian property lawyer
International buyers in Italy have the same right to buy property as Italian citizens, but the legal process can be quite different from what you might be used to in your home country.
To navigate this complex process smoothly, employ the services of an independent, multi-lingual lawyer who specialises in Italian property.
This page will introduce you to the benefits of using an Italian property lawyer, advise how to find a reliable lawyer and touch on other considerations for international buyers in Italy.
Why do I need an independent lawyer?
Whether you are buying a primary residence, a second home, a rental property or an investment, an experienced property lawyer can ensure your purchase is legally watertight.
You may assume that the notary will be sufficient legal protection for your purchase. However, the notary will not be looking out for your particular interest as a buyer.
Your estate agent or broker may offer their in-house legal services too, but we recommend you seek out external legal services. It just ensures peace of mind, knowing that your lawyer is completely impartial should any issues arise.
Your lawyer will also explain your legal obligations as an owner, such as regular taxes, inheritance laws and other regulations that apply to property owners in Italy.
If planning to rent out the property or run a business, they can advise if this is possible before you commit to buying. Similarly with change of use for a property, or planning permission.
A lawyer can also act for you with power of attorney, so you don’t have to come to Italy for every signing.
All legal documents related to property transactions in Italy will be drafted in Italian. If you are not fluent in Italian, this could pose a significant challenge. Fortunately, most law firms offer translation services to ensure you fully understand all aspects of your property purchase.
Finally, most lawyers in Italy will also be able to advise on visas and residency requirements too.
Finding a solicitor in Italy
When searching for an Italian property lawyer, there are various places you can look. Perhaps the most obvious is to search the web for a property lawyer in the location you’re planning to buy a property. You can also ask any friends or family who have bought in Italy if they have any recommendations.
Another great place to make reliable connections is at virtual webinars and overseas property exhibitions. Your Overseas Home hosts regular events and partner with only the best in the business. Why not browse upcoming events today?
Experience and specialisation: Ensure the lawyer has extensive experience in Italian property law and helping international buyers.
Language skills: A multi-lingual lawyer can bridge any language barriers and provide clear communication.
Reputation and reviews: Look for reviews and testimonials from previous clients to gauge the lawyer’s reliability and expertise. A good test is to enquire with them and see how long it takes them to get back to you.
Transparency: Choose a lawyer who is transparent about their fees and the services they offer.
By following these guidelines, you can find a competent Italian property lawyer who will help you navigate the legal landscape and secure your dream property in Italy.
Top tip: Appointing an Italian property lawyer before you start viewing properties can be highly beneficial. This proactive approach places you in a stronger position to act quickly if you find a property that meets your needs. Your lawyer can guide you through the initial stages, ensuring that you are well-prepared to make an informed decision.
Costs and fees involved
There isn’t a flat charge for conveyancing when buying a property in Italy. Instead, fees vary by firm and each lawyer (avvocato) within the firm will have an hourly rate, depending on seniority. The depth of services required varies from client to client, but an initial enquiry with a lawyer will be able to shed light on how many hours they’ll need, and most firms will be able to give you a rough quote, based on past experiences.
Typically, these costs equate 1-2% of the declared property price or a fixed fee, depending on the amount of work involved. Legal fees are also subject to VAT at 20%.
Please note: The main notary fees vary depending on the value of the property but usually equate to 1%.
For more insight on the costs of buying a property in Italy, head to our tell-all page
The role of your lawyer
It’s a good idea to find and speak to a lawyer before you head out on your viewing trip so that everything is in place should you wish to make an offer.
Your property lawyer will advise you to get a Codice Fiscale, a number issued by the Agenzia della Entrate (the Italian Revenue Agency) of the Ministry of Economy and Finance of Italy. You will need to fill in a form and show your passport.
When you find a property that you’re keen to buy, your lawyer will be able to guide you through every step of the purchase. Once you’ve made an offer, they will begin their legal due diligence which includes checking:
- Who owns the property and has the right to sell it
- If anyone else has an interest in the property or rights over it, such as neighbours with rights of way or access.
- If there are debts against the property, such as mortgage or loans.
- If there are any guarantees or certificates on the property under 10 years old.
- That any recent renovation work compiles with building permission.
They will be able to advise you on getting a survey, and ongoing taxes and when you make an offer, they will draw up a purchase proposal (proposta di acquisto) which is a declaration by the buyer that you want to purchase the property at a certain price. Once signed you are then making a commitment to purchase. But the seller is not yet obliged to accept.
The next steps include the preliminary contract (contratto preliminare), which your lawyer will draft. This is a proper contract that obligates both parties to sign the final contract.
The final step in buying a property in Italy is transfer of title, which a lawyer is not essential for, but if you’re unable to be there in Italy to sign in person, you can use power of attorney and have your property lawyer sign on your behalf. The public deed of sale (atto pubblico di compravendita, also known by rogito) is the final contract in the Italian buying process and your lawyer drafts it but it is checked by the notary who, by law, must perform a series of up-front checks on legality so that the contract will stand the test of time and be unassailable.
After the final deed is signed, the balance of the purchase price is paid to the seller, by means of banker’s draft or bank transfer. Then you will receive the keys to your Italian property.