I draft and review pre-contracts (contratto preliminare / compromesso di compravendita), manage due diligence (title and chain of ownership, encumbrances, building permits/agibilità, APE), coordinate secure payment methods (e.g. notary escrow account / conto dedicato) and clarify tax implications (IMU, TARI, IRPEF). Thanks to my binational qualification and practice, I implement client objectives in a targeted, efficient and individual manner.
Starting point: structure and characteristics of Italian property law
Unlike German law, ownership passes at the moment of notarial execution of the deed. It follows that payment, discharge or assumption of encumbrances and mandatory disclosures (building permit/energy certificate) must all be secured simultaneously. For international buyers, a lawyer-led transaction with clearly defined conditions and deadlines is strongly recommended.
Purchase offer (proposta irrevocabile di acquisto)
An accepted purchase offer containing the property, price and deadlines can have binding effect and may in practice replace the pre-contract. Therefore the rule always applies: only make such an offer if
- suspensive conditions are agreed (financing commitment, positive due diligence, delivery of official documents);
- the caparra is properly characterised: caparra confirmatoria (security/sanction function) vs. caparra penitenziale (right of withdrawal in exchange for payment);
- there is no automatic conversion into a "ready-made" pre-contract without protective clauses.
Pre-contract (contratto preliminare / compromesso) – the central instrument
The pre-contract consolidates the substantive protections of the purchase:
Mandatory contents (extract): precise property identification (cadastral/planimetric data), price/payment schedule, freedom from encumbrances (mortgages, easements, attachments), building permits/agibilità/APE, condominium status, notarial appointment date, payment synchronised with transfer.
Transcription (trascrizione, Art. 2645-bis c.c.): confers priority protection against subsequent registrations; caparre/acconti paid are secured with a preferential charge over the property (Art. 2775-bis c.c.).
Legal enforcement: a judgment ordering specific performance with transfer of ownership (Art. 2932 c.c.) remains available if the other party fails to perform.
Best practice: Have the pre-contract notarially executed (especially in developer cases) and transcribed without delay.
Notary role and payment security on the day of execution
The notary (neutral public official) verifies the register position and legality, but is not a party representative. The deed is in principle executed in Italian; where necessary a sworn interpreter or bilingual version is required.
Payment methods:
- Assegni circolari (bank-certified cheques), or
- price deposited via the notary escrow account (conto dedicato): released only after proper registration – in cross-border cases the most secure solution.
Building law & cadastre, Agibilità and APE
Mandatory formal disclosures: The deed must contain the building permits (or permissible substitute statements); their absence risks formal nullity of the deed.
Agibilità (certificate of habitability) and conformity of the floor plan must be clarified before the contract is signed. The APE (energy performance certificate) must be provided; violations lead to administrative consequences/penalties, not automatically to nullity.
Condominium: Check arrears, minutes of resolutions and special levies in advance.
APE and technical experts: The energy performance certificate (Attestato di Prestazione Energetica) is mandatory from the time the property is listed for sale and must be handed over at the rogito. The actual building condition can only be assessed by an architect, Geometra or engineer – technical due diligence complements the legal review and cannot replace it.
Taxes on acquisition – overview
| Scenario | Registration Tax | Mortgage / Cadastral | VAT |
|---|---|---|---|
| Not from developer – primary residence (prima casa) | 2% | €50 each | – |
| Not from developer – second home | 9% | €50 each | – |
| From developer (with VAT) – registration/mortgage/cadastral | €200 each | €200 each | 4% / 10% / 22% |
Price-value principle (prezzo-valore): For private purchases, registration tax can be calculated on the cadastral value (typically more favourable), provided: natural person, residential purpose, declaration in the deed.
Mortgage loan (mutuo): Imposta sostitutiva (typically 0.25% / 2% depending on the case).
After purchase: IMU (property tax; primary residence usually exempt, with exceptions for luxury categories), TARI (waste charge). Note municipal bye-laws.
Off-plan purchases (immobili da costruire)
Mandatory requirements:
- Fideiussione (bank/insurance guarantee) for all amounts paid before transfer of ownership (caparra/acconti),
- Decennale postuma (10-year structural warranty insurance) at execution of the deed.
The pre-contract here must be notarial, with mandatory disclosures; the absence of the required securities can trigger drastic legal consequences.
Practice note: No payment without a valid fideiussione; document delivery of the decennale.
Estate agent commission (provvigione)
As a matter of principle, commission becomes due from both parties when the transaction is causally attributable to the agent (the obligation often arises already at the pre-contract stage). Therefore:
- Defer the due date by agreement (e.g. "only upon notarial execution")
- Disclose the commission amount in the deed.
After purchase: tax, utilities and administration
Tax number (codice fiscale): Must be obtained before the rogito; also required for bank accounts, utility contracts and tax returns. Application possible online, at the Italian consulate or through the notary.
IMU (property tax): There is no automatic tax assessment – the owner calculates IMU themselves and pays in two instalments (16 June / 16 December). The basis is the rendita catastale multiplied by the municipal coefficient and tax rate. The owner-occupied primary residence (prima casa) is generally exempt.
Utilities and condominium: Electricity, gas, water and internet must be transferred to the new owner; the condominium manager (amministratore di condominio) must be notified of the change of ownership.
Insurance: Take out new building insurance and, where applicable, contents insurance; in condominium properties check whether a collective policy exists.
Rental: For planned holiday letting (affitti brevi), clarify regional registration requirements and conditions, register for the tassa di soggiorno (tourist tax) and set up the tax structure (cedolare secca).
Recommendation: For ongoing tax and administrative matters a local commercialista (tax adviser) is recommended. The one-off cost of a structured handover is considerably lower than the risks arising from missed deadlines or reporting obligations.