Thinking about buying a house in Sicily? You’re not alone. With its stunning landscapes, rich history, and growing appeal among investors, Sicily is quickly becoming a hot spot for property buyers. And with Italy’s infrastructure minister pledging to start construction on the Strait of Messina bridge by summer 2024, property prices in Sicily could be on the rise soon.
If you’re looking to invest, it’s essential to understand the buying process, legal requirements, and potential risks. Let’s break it all down so you can make an informed decision.
How to Buy a House in Sicily
The process of buying a house in Sicily follows three key steps:
- Offer to Purchase (Proposta di Acquisto) – The buyer formally expresses interest in the property and submits an offer.
- Preliminary Sales Agreement (Contratto Preliminare di Compravendita) – Both parties agree on the terms and conditions of the sale.
- Final Deed of Sale (Rogito Notarile) – The notary finalizes the sale, transferring ownership to the buyer.
Let’s take a closer look at each stage.
Step 1: The Offer to Purchase
Once you find a property, you’ll need to submit an official offer to the seller. If the seller accepts, you’re contractually bound to proceed with the purchase.
Before making an offer, do your due diligence. Review all legal documents, including town-planning compliance, cadastral records, and tax information. If anything is unclear, consult a lawyer before signing.
Estate agents often provide pre-printed purchase forms, but these may not fully protect your interests. A real estate lawyer can either review the document or draft a custom offer that ensures your rights are covered.
Step 2: The Preliminary Sales Agreement
Once the offer is accepted, both parties sign a Preliminary Sales Agreement, which details:
- Purchase price
- Payment terms
- Conditions for completing the sale
At this stage, the buyer typically pays a deposit. If the seller backs out, they must return double the deposit amount to the buyer. If the buyer withdraws, they lose their deposit.
Step 3: The Final Deed of Sale
The final step is signing the deed of sale with a notary. The buyer transfers the remaining balance to the seller, either directly or through the notary’s escrow account. Once signed, ownership officially transfers to the buyer, who receives the keys.
If you don’t speak Italian fluently, Italian law requires an interpreter for the signing. However, hiring a bilingual real estate lawyer can serve as both a legal advisor and interpreter—potentially saving you money.
Unique Challenges of Buying a House in Sicily
While buying a house in Sicily can be a dream come true, there are specific legal and administrative challenges to be aware of.
- Illegal Construction Issues
Sicily has a long history of unauthorized building projects, which can cause problems for buyers. A 2021 survey found over 30,000 cases of construction violations in Sicily, the highest in Italy.
Unlike in some other European countries, Italian notaries do not verify a property’s urban planning and cadastral compliance. This means buyers could unknowingly purchase a home that doesn’t meet local regulations. If authorities later discover a violation, they could issue fines—or even order demolition of the non-compliant section.
How to Avoid This Issue:
- Hire an independent real estate lawyer to verify compliance before purchasing.
- Avoid properties with unclear legal status, especially in areas with strict planning restrictions (e.g., national parks, protected zones).
- Buying Property on the Sicilian Islands
If you’re considering buying a house in the Sicilian islands (e.g., Aeolian Islands, Pantelleria, Lampedusa), be aware that these areas are classified as militarily important border zones.
Italian law requires special authorization from the prefecture before a sale can be finalized. Without this approval, any purchase agreement in these areas is legally void.
What You Need to Do:
- Ensure that your lawyer handles the prefectural approval process before finalizing the purchase.
Final Thoughts on Buying a House in Sicily
Buying a house in Sicily is an exciting opportunity, but it comes with legal complexities. To ensure a smooth process:
Verify legal compliance before making an offer.
Consult a real estate lawyer to review contracts and property documents.
Be aware of special regulations, especially for properties in restricted areas.
At De Tullio Law Firm, we specialize in Italian property transactions. With over 55 years of experience, we guide international buyers through every step of the process.
Thinking about buying a house in Sicily? Contact us for a free consultation to discuss your options and ensure your investment is secure. https://calendly.com/detulliolaw/15min.
