Italian Property Lawyers

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FAQ

Are you thinking of buying a house in Italy?

Find out what you need to know before buying your dream home in Italy. Many foreigners have dreamed of buying a home in Italy, but the process to do so is complicated and complex! It’s easy to imagine sipping a glass of red wine in your new home, but the decision to buy a home in Italy is challenging 

and can be a serious and costly mistake if you get it wrong.
Buying a house in Italy is something no one should do without proper legal support.
Below you can find answers to the FAQs that will give you valuable tips to make your purchase safe and risk-free.

Any Question?

Frequently Asked Questions

The first piece of advice is to evaluate the situation well and have clear ideas about the area where you want to invest and the money you will have to pay. To make a real estate investment you must first come to Italy to visit some properties you may be interested in. It is inadvisable to purchase a home without first visiting it in person. You also need to know in advance what expenses you will have before and after the purchase. Continue reading this guide to find out in detail what these expenses are …

Yes, it is. The Italian legal system provides extensive protections for both those who sell and those who buy a property. Furthermore, due to the global economic crisis, property prices have fallen significantly in the last period compared to 10-15 years ago, so it is the right time to invest!

The basic rule is: if you don’t know what to do, don’t do anything until you contact us! The first thing to do is to hire a lawyer so that they can tell you the steps to take. Do not contact agencies independently, do not sign any documents and do not make any decisions. We can help you decide the best path to take and the right timing. There is no rush!

Signing documents without first seeking expert advice is never a good idea. We recommend that you contact us immediately so that we can check what you have signed and advise you on the next steps. Request a free consultation clicking here.
Hiring a lawyer is not mandatory but is highly recommended. The Italian bureaucracy is very complex. In fact, even for an Italian it would be very complicated to obtain the necessary documents and do the so-called due diligence on their own. For a foreigner, having expert legal assistance is extremely important! Remember that the real estate agent or the technician are not experts in law, so they do not have a legal background to provide you with legal assistance.

Unless you know Italian law in detail, speak excellent Italian and are used to doing business in Italy, legal assistance is not essential for you. In that case, you can proceed on your own and, after having carried out all the necessary checks, you can buy the property in safety.

If, on the other hand, you are not an expert, the do-it-yourself approach could cost you very dearly. In fact, the risks you can run into are many:

  • Lose the earnest money you paid.
  • Be sued.
  • Discover
    • that the property has unauthorized work that was done
    • that the property does not have the certificate of habitability.
    • that the property has liens attached
    • that the property is encumbered with mortgages, easements, foreclosures or seizures.
    • that the property has defects that decrease its value or make it unusable.
    • that the property is not marketable.
    • that the seller may have gone bankrupt or there may be involved an ongoing bankruptcy procedure.
    • that the property is up for auction.
    • that local ordinances do not allow you to carry out the remodeling work that you would like to do.
    • that the apartment building has approved expensive project that you will be liable for or that the seller has not paid the building fees.
    • that problems with squatters.
    • that the seller has sold the same property to other people.
    • that the seller is not the real owner or there are other owners as well.
    • that there are problems with the registry office
    • that there is a right of first refusal in favor of other people.
    • that the property is a cultural asset.
    • other possible problems.

To avoid these risks, it is very important to carry out careful due diligence and use the utmost attention in drafting the purchase proposal. In fact, by providing adequate protection, you can avoid such risks and avoid starting costly and endless lawsuits against the seller.

No, it is not mandatory but is recommended. Most sellers in Italy hire real estate agencies to advertise their properties. The real estate agent is a professional who represents both parties and this means that they ensure (or, at least, should) that the price requested by the seller is a market price. In addition, he has a very important role dealing with the city or town and with banks for the mortgage. His commission varies from 3% to 5% + VAT.
No, you don’t have to, but we recommend you do. Architects plays a very important role in the due diligence process. They assess whether the property complies with the local building code and local ordinances and whether unauthorized work has been done on the property. They also check that the property map registered at the Property Registery office matches the property. Working with an architect after purchasing the property is also very helpful because they can plan the renovation and remodeling work you want to do.
The notary public has a very specific role: they do not represent the seller or the buyer but the state. Therefore, they cannot assist you in the negotiation phase, but can only deal with the drafting of the completion deed but are public officials whose job is to authenticate the signatures, collect taxes and make sure that certain legal regulations are followed.
Yes, the parties must have a tax code before signing the documents. The Tax ID is issued by the Agenzia delle Entrate (Italian Tax Authority) or by a consulate. We will help you!
  1. if you buy the property from a private person and if you will live in the home, you will have to pay the registration tax (“imposta di registro”), which is 2% of the appraised value. But if are not going to live in that house, the registration tax is 9% of the value.
  2. if you buy the property from a company and if you will live in the home, you will have to pay 4% VAT of the purchase price of the property. If, on the other hand, you are not going to live in that house, you will have to pay 10% VAT of the purchase price of the property.

 

Finally, if you buy a winery, a farm or an “agriturismo” owned by an agricultural firm, you may be able to benefit from certain tax advantages.

Of course, but if an interpreter is required, they will carry out with the translation and reading of the document written by the notary public.

If you cannot be there, you can obtain a power of attorney through which your lawyer or another trusted person will represent you and sign the completion deed on your behalf.

No, the so-called golden visa does not apply in Italy. However, this can help you to obtain an elective residence visa, if you are able to prove that you have sufficient funds to stay in Italy without working.

Property owners in Italy are required to pay the following taxes:

a) Local council tax (“IMU”): you won’t receive any bill but you will have to worry about hiring someone to make this payment (we can do it for you). If you are a permanent resident in the home, you do not have to pay this tax;

b) Garbage tax (“TARI”): it depends on the number of people living in that house and is payable by residents and non-residents.