Real estate advisory

EU citizens and citizens of EEA countries buy property in Italy freely, on an equal footing with Italian citizens. For non-EU citizens without a residence permit the condition of reciprocity laid down in article 16 of the preliminary provisions to the Italian Civil Code applies, and this condition is satisfied for the great majority of the countries our clients come from, so that the foreign purchase of property in Italy is generally admitted without restrictions. Reciprocity checks are formally carried out by the notary at the final deed stage, but it is advisable to anticipate them during the due diligence to avoid surprises close to the signing.

Yes, because the roles of the notary (notaio) and the lawyer are fundamentally different. Under Italian law, the notary acts as an impartial public official: he or she verifies the formal legality of the deed and handles the formalities required for the transfer of ownership. However, the notary does not represent one party against the other and does not provide strategic protection of the buyer’s interests. The lawyer, on the other hand, acts exclusively on behalf of the purchaser, assesses the risks of the transaction, conducts the legal and tax due diligence, negotiates the contractual clauses, and ensures that the real estate investment is structured entirely in the client’s best interests, particularly where foreign buyers unfamiliar with the Italian legal system are involved.

The estate agent is an intermediary: his role is to bring supply and demand together, and he earns a commission from both parties when the transaction closes. His interest, therefore, coincides with the conclusion of the deal, not with the exclusive protection of either side. The real estate advisor, when it is Studio Legale Internazionale Boschetti, is instead a lawyer who represents the buyer exclusively, is remunerated on a professional fee paid by the client, receives no commission from the selling party or from the agent, and owes a duty of loyalty that exists only towards the client who has retained him.

Yes, and this is the Firm’s ordinary way of working with international clients. The due diligence, the negotiation, the review of the preliminary contract and all interactions with the notary and counterparties can be conducted remotely. The rogito can also be executed through a notarial power of attorney granted by the client in favour of a professional of the Firm: the power of attorney is granted before the competent Italian Consulate or, alternatively, before a notary in the country of residence with subsequent apostille or legalisation. It remains the client’s choice whether to be physically present at the signing, but it is never a requirement.

It becomes binding much earlier than the final deed. The first moment of real legal commitment is the irrevocable purchase offer which, once accepted by the seller within the irrevocability term, gives rise to a fully effective preliminary contract. From that moment onwards, the party that refuses to proceed is in default and the other party may sue for specific performance under article 2932 of the Italian Civil Code, or for the retention or restitution of the caparra confirmatoria under article 1385 of the Italian Civil Code. This is why the Firm insists that no document be signed and no money be paid before the due diligence is complete.

The core documents required to buy property in Italy as a foreign national are a valid identity document or passport, an Italian tax code (codice fiscale), evidence of the source of the funds for anti-money-laundering purposes, and the documentation relating to the property itself (title deed, cadastral records, planning compliance certificates, energy performance certificate, condominium minutes where applicable). Where the buyer is acting through a notarial power of attorney, the apostilled or legalised power of attorney must also be prepared in advance. The Firm prepares a personalised documentary checklist at the outset of the engagement, calibrated on the client’s country of residence and on the specific features of the property.

Buying property in Italy as a foreigner triggers, in broad terms, either registration tax or VAT depending on the nature of the seller, mortgage and cadastral taxes, and notarial fees. Registration tax for a private-to-private sale is ordinarily 9% on the revalued cadastral value, reduced to 2% in first-home cases when the statutory conditions are met, conditions that a non-resident rarely satisfies. When the seller is a construction company and the property is newly built, VAT applies instead. The specific tax picture must always be calibrated on the individual transaction, and in more complex cases the Firm involves a tax adviser working alongside the legal team.

The most damaging mistake we see is signing a purchase offer or paying a deposit before any legal due diligence has been carried out. By the time the buyer realises that the property carries mortgages, building irregularities or undisclosed encumbrances, the legal commitment has already crystallised, the deposit may be at risk and the room for recovery is narrow. The Italian system binds the buyer earlier than common-law buyers tend to expect: this is why the protective work of an independent buyer agent in Italy is concentrated at the front end of the operation, not at its conclusion.

No. Italy does not have a citizenship-by-investment programme and the mere purchase of a property does not, on its own, lead to Italian citizenship. What buying property in Italy can do, in combination with other elements, is support an immigration and residence pathway: it can be a factor within a broader relocation project, an indicator of stable ties with the country in the context of an application for a residence permit, and a precondition for certain visas where the availability of suitable accommodation in Italy must be evidenced. The Firm, through its IVI Unit, integrates real estate advisory with immigration counsel where the two angles meet.