How to buy a property in Europe:. Please see the attached link. This segment addresses Italy. Please copy what you need for the country where you intend to purchase. The segments are written in English. After copying into a blank note page, save it and copy it into Google translate to obtain your Europe translation. Ask your local customer service for assistance in how to use Google translate in your device. Always have a lawyer to represent you since it is an adverserial process and the potential for fraud remains although the police are diligent to prevent it. But, they are not always willing to verify if the seller is the legitimate owner but if you are afraid someone is trying to sell you a property they do not own, they could verify if a fraud is in progress. They could look up the address on their laptop and verify the name of the real owner. Click here.

www.european-law-firm.com › ...PDF Purchasing Real Estate in Europe - European Law Firm

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How to buy a property in Europe:. Please see the attached link.  This segment addresses Italy.  Please copy what you need for the country where you intend to purchase. The segments are written in English. After copying into a blank note page, save it and copy it into Google translate to obtain your Europe translation.   Ask your local customer service for assistance in how to use Google translate in your device. Click here.  

1.  How is the ownership of real estate recorded and searched?

Ownership, and all legal obligations relating there to are recorded by 

registering the deeds in the public local office or Conservatoria dei 

Registri Immobiliari, which covers all types of real estate.

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2. What is the effect of a preliminary 

contract regarding real estate?

A preliminary contract creates the obligation on the parties to transfer 

the property and to pay the price, but it does not transfer the title to the 

property. Usually, a preliminary contract is supported by a down payment 

from the buyer. If the buyer does not buy, he/she looses the down payment. 

If the seller does not buy, he/she has to pay the buyer twice the amount 

of the down payment. The seller must have a valid title to the property 

(including, the right to build if the property has not yet been built). The 

minimum requirements for the contract are the identity of the parties, 

the description of the property (including registration number) and the 

purchase price. The contract must be recorded in the Conservatoria as 

well as at the Registration Office for registration tax purposes (Ufficio 

del Registro). Both records are made by the public notary. Notarisation of 

the preliminary contract is required only if the parties (usually the buyer) 

wishes to record the contract at the Conservatoria (but this is optional). 

A preliminary contract regarding real estate is a legally binding contract 

provided it includes all relevant information such as parties, description 

of property, purchase price; it can be registered by the parties or a public 

notary, in which case it is considered to be known by third parties.

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3. Are there different title rights to land/

principal forms of ownership and 

restrictions to the property rights?

In addition to full ownership, there are other forms of rights to land: 

(i) right to use the land (diritti di godimento), that is: right to surface

(i.e. the right to build a property on a land owned by a third party), right 

of use (i.e. the right to use a property owned by a third party), right of 

usufruct, right to inhabit and usufruct (similar to the right of use); 

(ii) security interests (diritti di garanzia), that is the mortgage to secure 

repayment obligations of the owner or a third party; (iii) easements 

(servitù prediali). The real estate may be purchased directly or through 

an interlocutory party (company, trust etc).

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4. Are there specific restrictions 

regarding the buyer such as nationality, 

residency, other qualifications?

The Buyer must be registered at the Agenzia delle Entrate with a proper 

tax identification number (Codice Fiscale). There are no general legal 

restrictions in purchasing real property.

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5. Who is responsible for paying the 

brokerage fees (seller, buyer or both 

jointly)?

There are no statutory provisions as to who pays the brokerage fees. 

Customarily both parties are liable for brokerage fees, unless it has been 

otherwise agreed.

1. How is the ownership of real estate 

recorded and searched?

Ownership, and all legal obligations relating there to are recorded by 

registering the deeds in the public local office or Conservatoria dei 

Registri Immobiliari, which covers all types of real estate.

SECTION 1: PRELIMINARY STAGES QUESTIONS & CONSIDERATIONS

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6. What compulsory steps exist in your jurisdiction for the ‘transfer of title’?

In order to enable the buyer to record the sale at the Conservatoria (and to enforce its property rights against the seller and any third party), the agreement must be notarised. Therefore, a public notary is compulsory. 

The public notary is usually appointed and paid for by the buyer. The buyer becomes the legal owner as soon as the notarial deed of transfer is signed. 

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What compulsory steps exist in your 

jurisdiction for the ‘transfer of title’?

In order to enable the buyer to record the sale at the Conservatoria (and to enforce its property rights against the seller and any third party), the agreement must be notarised. Therefore, a public notary is compulsory. 

The public notary is usually appointed and paid for by the buyer. The buyer becomes the legal owner as soon as the notarial deed of transfer is signed. 

The sale becomes enforceable against third parties as soon as the notarial deed of transfer is recorded at the Conservatoria. Timing may range up to a few months, depending on the circumstances.

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7. Describe the procedure for payment of the purchase price to the seller?

Usually purchase price is paid by the buyer directly to the seller. Sometimes 

part of the purchase price is paid into an escrow account held by the public notary to secure certain post-closing obligations of the seller (such as the obligation to cancel the mortgage against the property). Usually purchase price is paid in full at completion. If this does not happen, a mortgage is automatically created against the property to secure payment of the balance of the purchase price. The notary stipulates the deed and authenticates the signatures; the payment is secured by a mortgage if the purchase price has not been completely paid.

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8. What fees are involved 

(is there any limitation) and 

who is responsible for payment?

Fees involved in the preparation of the deed are those of the notary and 

are usually paid by the buyer.

9. What are the publication/registration Requirements (title deeds)?

The deed must be registered to become a public document (legally known by third parties.

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10.  What taxes are involved? Stamp duty for the registration of the title in the Land register is 

applicable (2% of the purchase price, to a maximum of €43,000).

Real estate tax for the previous period must be paid in order to proceed with the title changes.  

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11.  What is the most common form of 

investment structure in your country/

jurisdiction?

 Both share transfer and asset deals are used for transferring real estate. 

Depending on the circumstances of a deal, share transfer could be 

more efficient and faster, whereas an asset deal could involve potential 

participation of a municipality by using a right of first refusal. 

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12. What are the rules with regard to the 

liability for previous debts?

The vendor is expected to settle all the debts before the transfer of title has 

taken place. While the parties could also agree otherwise, it is not possible to 

transfer the title unless real estate tax obligations are fulfilled. As a general 

rule the owner of the property is liable for paying all debts to the creditors 

unless the parties (i.e. the seller and the buyer) have agreed otherwise; all the 

issues of debts beyond mortgages shall be settled between the parties in the 

agreement, except debts of general nature that the seller is obliged to settle 

in order to transfer the title. The buyer is not liable to cover any debts unless 

the parties have agreed otherwise. The buyer shall exercise precaution and 

check on the debts before signing the purchase deed.

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13. How is a security interest in real 

estate created?

The deed of corroboration must be signed before the public notary 

and submitted to the Land Register. A respective agreement shall be submitted to the Land Register along with the deed of corroboration. 

Notice of a security is registered in the appropriate entry of a property at the Land Register.

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14. Is the purchaser required to use a 

lawyer?

Requirement is not stipulated per se.