Buying a Home in Italy: Experiences and Advice

For many, buying a home in Italy is a dream come true. It’s also a significant financial commitment that requires careful planning and thorough research. From legal structures to taxes and inheritance laws, there are crucial factors to consider before making a purchase. If you’re serious about buying a home in Italy, think long-term. Make sure your motivations are solid, and arm yourself with reliable information. To help, we asked our clients who own property in Italy to share their best advice. Here are their insights.

We’re here to guide you through every stage of buying a home in Italy, if you would more information schedule a free consultation with us.

Understanding the Home-Buying Process in Italy

Gathering information is essential, but it must be trustworthy. Subscribe to specialist magazines, explore reputable online resources, and attend property exhibitions in Italy. However, be cautious—inaccurate or misleading advice is common. Carefully analyze the costs involved, including property taxes, utility bills, and condominium fees.

Italy is a beautiful country, and buying a home there can be straightforward and secure if you prepare properly. Engage professionals with a solid reputation to guide you through the process. In Italy, legal contracts and financial transactions occur early in the home-buying process.

Once your offer is accepted, choosing the right people to assist you is crucial. Italian law requires a notary (“Notaio”) to oversee the transaction.

The notary plays a critical role in finalizing the conveyancing process. They draft the deed of sale, perform essential property checks, and ensure that property taxes are correctly paid. Although the buyer typically selects the notary, it’s important to understand that notaries are neutral third parties and cannot offer legal advice.

Given the notary’s limited role, hiring an independent lawyer specializing in Italian property law is highly recommended. An experienced lawyer will scrutinize the contract, provide legal clarity, and help you navigate complexities like tax implications and inheritance issues. Ideally, choose a multilingual lawyer with expertise in real estate, inheritance, and tax law.

Choosing a Competent Estate Agent when Buying a Home in Italy

Italian law strictly regulates estate agents, making them a safe option for purchasing property. Nevertheless, verify that your agent is registered with the local Chamber of Commerce and carries professional indemnity insurance.

Legal documents, such as the agent’s mandate or the preliminary purchase agreement, can be risky if you’re not fluent in Italian. Never sign anything under pressure or without a full understanding. It’s wise to have a lawyer review all documents before you commit.

When transferring funds, exercise caution. Always pay through the notary or a registered estate agent who is authorized to accept payments. Avoid off-the-record cash payments, as underreporting the sale price is illegal and could lead to hefty capital gains taxes when you sell the property.

Managing the Financial Aspects

Understanding the local property market is key before making an offer. Prices vary by region, so research thoroughly using property portals and consult your estate agent for insights. An informed offer should reflect local market conditions, not assumptions based on property prices in your home country.

If you don’t speak Italian or lack experience in the market, consider working with a legal advisor. Our clients often highlight the benefits of having a knowledgeable legal team to guide them through the process. For example, De Tullio Law Firm has assisted many buyers with legal matters, market analysis, and even mortgage consultations.

In Italy, property surveys are not always standard practice, but commissioning one can be invaluable. An independent surveyor (“Geometra”) can identify structural issues, verify planning permissions, and reveal hidden costs. This information can also be leveraged to negotiate a better price.

When choosing a surveyor, prioritize independence and local expertise. A comprehensive survey should cover everything from building integrity to zoning laws and potential environmental hazards. If you’re planning renovations, consult an architect for additional insights.

Estate Planning Considerations

Italian inheritance laws are strict. By default, a portion of your estate must go to your legitimate heirs (such as children or parents). If your wishes differ, professional legal advice is essential to structure your property ownership appropriately and address inheritance tax implications.

Renovating a Property in Italy

Renovating can be rewarding but also risky. Strict regulations govern building work in Italy, and projects often require planning permission. Without professional help, what starts as a dream renovation could quickly become a financial and logistical nightmare.

If you’re considering a renovation, gather multiple quotes and create a realistic plan. Decide whether to manage the project yourself or hire specialists, including a project manager, contractor, and local craftsmen. Legal guidance is crucial when tackling complex renovations.

Buying Off-Plan in Italy: Proceed with Caution

Off-plan properties offer appealing customization options, but they also come with risks. In recent years, some unscrupulous developers have caused buyers to lose substantial funds. Protect yourself by hiring a lawyer to verify the developer’s credentials and the project’s legal status.

Before signing anything, ensure that the developer provides a bank guarantee. This guarantee protects your investment if the project is delayed or abandoned. Payment should be made in stages, with the final installment due only upon project completion. Additionally, a lawyer can insert penalty clauses to protect against delayed delivery.

Accounting for Additional Costs when Buying a Home in Italy

Beyond the purchase price, factor in extra expenses. Notary and agency fees typically total around 15% of the property’s value. If you plan to finance your purchase through a mortgage, account for related costs. Other expenses include legal fees, survey charges, and annual property taxes.

Finally…

For over 55 years, De Tullio Law Firm has supported international buyers navigating the complexities of purchasing a home in Italy. If you’re considering buying a home in Italy, we offer expert legal consultation tailored to your needs. We also provide a free preliminary call to answer your questions and outline the process. This no-obligation consultation allows us to offer personalized advice based on your circumstances. If you’re ready to take the next step in buying a home in Italy, schedule a free consultation with us. We’re here to guide you through every stage of the process and ensure your Italian property dream becomes a reality.

Buy a House in Abruzzo: Italy’s Hidden Gem

Abruzzo, located in the heart of Italy, is a region often overlooked by tourists. However it is rich in charm, stunning landscapes, and a rich cultural heritage. If you’re considering buying a house in Abruzzo, whether for investment or to make it your new home, this region offers incredible opportunities. Let’s explore why Abruzzo is the perfect place to buy property and how you can navigate the process with ease.

If you’re ready to buy a house in Abruzzo, contact us for expert guidance every step of the way.

Why Choose Abruzzo to Buy a House?

Abruzzo is a hidden gem with much to offer. Not only is it home to beautiful mountains and sandy beaches, but it also provides a unique blend of tranquility and proximity to Italy’s capital, Rome. Located just 50 km from Rome, it offers the best of both worlds—a peaceful, picturesque lifestyle with easy access to urban amenities.

Real estate prices in Abruzzo are generally more affordable compared to other famous Italian regions like Tuscany and Lazio. You can find charming country houses starting at around 100,000 euros, while a seaside villa can cost anywhere from 200,000 to 500,000 euros. The exact price depends on the location and property characteristics, so it’s best to consult local real estate agents for up-to-date listings.

The Process of Buying a House in Abruzzo


Buying a house in Abruzzo involves three main steps: making an offer, signing a sales agreement, and finalizing the deal with a deed of sale. Here’s a breakdown of each stage:

1. The Offer to Purchase (“Proposta di Acquisto”)

Once you’ve found the property you want to buy, it’s time to make an official offer. This document informs the seller of your intention to purchase the property under the outlined terms. It’s a legally binding step that commits you to proceed with the transaction if accepted.
Before submitting the offer, it’s crucial to check the property’s documentation. Ensure the property complies with all urban and cadastral regulations, check its energy performance, and verify any tax liabilities. A lawyer can help ensure all aspects are in order before you commit.
Once the seller accepts your offer, you’ll typically make a deposit to the seller. If the deal doesn’t go through, you may lose this deposit. The seller will also take the property off the market.

2. The Sales Agreement (“Contratto Preliminare di Compravendita”)

This agreement sets the terms for the final sale, including the price and payment conditions. It’s a vital step to ensure both parties are aligned before proceeding to the final deed. The sales agreement also includes details like timelines and any contingencies that may apply to the sale.

3. The Final Deed of Sale (“Rogito Notarile”)

The final step in purchasing a property is the notarial deed of sale. At this stage, the buyer pays the remaining balance, either directly to the seller or through the notary’s account. After payment, the notary officially transfers ownership, and you receive the keys to your new home.

If you’re not fluent in Italian, it’s required to have an interpreter present at the signing. A bilingual lawyer can act as both your legal advisor and interpreter, saving you time and money.

Key Considerations When Buying a House in Abruzzo


While buying a house in Abruzzo can be a straightforward process, it’s essential to take certain precautions to avoid any pitfalls:


Work with a Professional Real Estate Agent: A qualified agent who is registered with the local chamber of commerce can help you find the perfect property and guide you through the process.


Hire a Specialized Lawyer: Consulting a lawyer who understands Italian real estate law is critical to protect your investment and ensure a smooth transaction.

Conduct Thorough Due Diligence: Always inspect the property and review all related documents, including titles, permits, and floor plans. This will ensure the property is free from legal or structural issues. Also, remember that Abruzzo is prone to seismic activity, so it’s especially important to perform legal and technical checks.

Factor in Additional Costs: Besides the property’s purchase price, account for taxes, notary fees, real estate agent commissions, and ongoing maintenance costs. These can add up, so it’s essential to budget accordingly. By following these precautions and working with the right professionals, you can confidently buy a house in Abruzzo and enjoy everything this beautiful region has to offer.


By following these precautions and working with the right professionals, you can confidently buy a house in Abruzzo and enjoy everything this beautiful region has to offer.

Finally…

Buying a house in Abruzzo can be an exciting and rewarding experience. By following the outlined steps and ensuring all legal and procedural aspects are in place, you can secure your dream property in this picturesque Italian region.

At De Tullio Law Firm, we have over 55 years of experience handling real estate transactions across Italy. If you’re ready to buy a house in Abruzzo, contact us for expert guidance every step of the way.

Valle d’Aosta: Buying Property in Italy’s Hidden Alpine Treasures

Are you considering an investment in Valle d’Aosta? It’s an excellent decision. The region consistently attracts a steady flow of tourists, with accommodations often fully booked well in advance. Given its popularity and potential for growth, here’s how you can ensure your investment in Valle d’Aosta proves successful.

Let us help you navigate the complexities of buying and managing a rental property in Valle d’Aosta. Contact us for a Free preliminary consultation. 

Where to Invest in Valle d’Aosta?

Courmayeur

Courmayeur is the region’s most famous area. Nestled at the foot of Mont Blanc, it offers a picturesque alpine atmosphere. As a result, this town is incredibly popular among winter sports enthusiasts worldwide. Its scenic charm includes pine forests, mountains, and glaciers.

Furthermore, Courmayeur blends international appeal with authentic alpine vibes. You’ll feel this blend in the charming shops, cozy villages, and even the accommodations. From luxury hotels to campgrounds, Courmayeur provides a range of options that honor local traditions and architecture. On average, the property price here is approximately €8,387 per square meter.

Cogne

Cogne, located at 1,500 meters, sits in the heart of the Gran Paradiso National Park. Known for its natural beauty, historic landmarks, and cultural richness, it’s undoubtedly a top spot for nature lovers. For example, you can explore Saint Ours Church, the Bishop’s Tower, or the stunning Lillaz waterfalls. Additionally, don’t miss the botanical garden Paradisia or the Roman aqueduct bridge at Pondel.

Moreover, Cogne is renowned for its handmade lace and vibrant culinary and wine heritage. Outdoor enthusiasts will also appreciate the hiking trails leading to Gran Paradiso. As for property, the average price in Cogne is approximately €3,871 per square meter.

Breuil-Cervinia

Breuil-Cervinia , a modern resort at 2,000 meters, offers year-round activities. From classic mountaineering to adrenaline-packed winter sports, its ski area connects with Valtournenche and Zermatt in Switzerland. This means you can even ski on glaciers during summer.

Built in the early 20th century, it is now a renowned international destination. The average property price in Breuil-Cervinia is about €4,523 per square meter.

Gressoney-Saint-Jean

Gressoney-Saint-Jean Situated at 1,385 meters, Gressoney-Saint-Jean boasts stunning views of the Lyskamm Glacier and Monte Rosa. With deep ties to the Walser culture, its unique architecture and traditions are well-preserved. Even Queen Margherita of Savoy favored this location for her summer holidays.

In 2017, the Italian Touring Club awarded Gressoney-Saint-Jean the Orange Flag for its excellent hospitality. The average property price here is €3,893 per square meter.

Rules for Tourist Rentals in Valle d’Aosta

Tourist rentals cater exclusively to temporary visitors, as defined by Italian law (Law 431/1998). These contracts, regulated by the Italian Civil Code, allow landlords to provide utilities like electricity and internet, but they prohibit hotel-like services such as daily cleaning or breakfast. Furthermore, the duration of these rentals can be up to three months.

While “tourist rental” and “short-term rental” are often used interchangeably, it’s important to note that they have distinct purposes. Therefore, ensure your contract clearly specifies the rental’s tourist nature to avoid potential disputes.

Crafting the Rental Contract

Tourist rental agreements differ from standard leases. They are not bound by time or rental caps, offering flexibility. A solid contract should detail:

  • Property features.
  • Rental duration.
  • Fees and security deposits.

Landlords should conduct an initial property inspection, request a deposit, and document any damages. Contracts for stays under 30 days don’t require registration unless the rental income exceeds €5,000, in which case traceable payment methods are mandatory.

Taxation

If your rental activity is occasional and short-term, you may not need to establish a business. However, renting more than four properties in a tax year classifies your activity as entrepreneurial, requiring VAT registration and enrollment in the Chamber of Commerce.

For tax purposes, tourist rentals are treated like standard leases. You can choose a 21% flat tax (“cedolare secca”) for contracts under 30 days or opt for standard taxation.

Important Considerations for buying in Valle d’Aosta

Investing in Valle d’Aosta requires careful planning due to strict urban planning and environmental regulations. These rules, designed to preserve the region’s cultural and natural heritage, must be taken into account. Therefore, before purchasing, ensure the property complies with all local and regional laws.

In addition, it’s important to note the landscape restrictions. Valle d’Aosta is Italy’s second most protected region, with 87.7% of its land under restrictions. Since 1926, over 80 decrees have limited urban development. Consequently, the Regional Heritage Office (Surintendenza) monitors compliance to safeguard the area’s landscapes.

Architectural Constraints

Architectural heritage in Valle d’Aosta is strictly protected. Properties deemed culturally significant face restrictions on modifications. The Regional Heritage Office ensures adherence to these rules, especially in historic centers.

Finally…

Investing in Valle d’Aosta’s tourist rental market can be rewarding. However, it requires a thorough understanding of local laws and regulations. At De Tullio Law Firm, we bring over 55 years of expertise in Italian property transactions. Let us help you navigate the complexities of buying and managing a rental property in Valle d’Aosta. Contact us for a Free preliminary consultation. 

 

Buying Property in Italy as a US Citizen

Imagine waking up to the rolling hills of Tuscany or the sparkling waters of the Amalfi Coast—all from the comfort of your own Italian home. Buying property in Italy as a US citizen is an exciting opportunity, but the process involves unique legal and bureaucratic steps that require careful navigation.

Want expert legal guidance? Contact De Tullio Law Firm for a free consultation and make your Italian property dream a reality.

In this guide, we’ll cover the key legalities, financial considerations, and essential professionals who can help you successfully purchase property in Italy.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Can a US Citizen Buy Property in Italy?

Yes! Italy allows Americans to buy property thanks to the principle of reciprocity: since Italians can buy property in the US, Americans can do the same in Italy. You can purchase as an individual or through a US-based company.

However, keep in mind that owning property in Italy does not grant you automatic residency. If you plan to stay long-term, you’ll need to apply for a visa or residency permit separately.

Understanding Italy’s Property Laws: National vs. Regional Regulations

Italian property law operates at two levels:

  • National law governs contracts, ownership rights, and the overall transaction process.
  • Regional and municipal laws regulate zoning, building permits, and urban planning rules.

This means that while the legal framework is consistent across the country, local rules can affect renovation possibilities, land use, and property modifications. Researching local regulations before purchasing is essential.

Key Professionals Involved in Buying Property in Italy

Unlike in the US, where real estate agents primarily represent the buyer or seller separately, the Italian system requires additional diligence. Here’s who can help:

  1. Real Estate Agents

Italian real estate agents often represent both the buyer and seller, which means they are not solely advocating for your best interests. To ensure unbiased advice, consider hiring an independent consultant.

  1. Real Estate Attorneys (Highly Recommended!)

While not legally required, hiring a real estate attorney can protect you from costly mistakes. An attorney can:

  • Conduct due diligence to ensure the property has no legal issues.
  • Review and draft contracts.
  • Represent you via Power of Attorney to manage the process remotely.

Choosing an English-speaking attorney experienced in Italian real estate law is a smart move for a smooth transaction.

  1. Surveyors & Architects

A surveyor (geometra) or architect will verify if the property complies with zoning laws and cadastral records. This is crucial, as unauthorized renovations could result in fines or legal issues.

  1. Notary Public (Mandatory!)

A notary (notaio) is required by law to oversee the transaction and ensure legal compliance. Their responsibilities include:

  • Verifying the seller’s legal ownership of the property.
  • Confirming there are no outstanding debts or liens.
  • Drafting and registering the deed of sale.
  • Collecting transaction taxes.

Unlike an attorney, a notary is an impartial official and does not act in the buyer’s best interest. This is why hiring an attorney is highly advisable.

  1. Mortgage Advisors (If You Need Financing)

Getting a mortgage in Italy as a foreigner can be challenging, but a mortgage advisor can help you find the best lending options and navigate the application process.

Notary vs. Attorney: What’s the Difference?

Many US buyers assume a notary serves the same role as an attorney, but this is not the case. While a notary ensures that the transaction meets legal requirements, they do not offer legal advice or negotiate on your behalf.

A real estate attorney, however, works exclusively in your best interest. They conduct thorough due diligence, uncover hidden risks, and negotiate contract terms to protect you.

For the safest and smoothest purchase, it’s best to work with both a notary and a real estate attorney.

Final Steps to Buying property in Italy as a US citizen

Once you’ve chosen your dream home and completed due diligence, the process typically follows these steps:

  1. Reservation Offer & Deposit – A preliminary agreement that removes the property from the market.
  2. Preliminary Contract (Compromesso) – A binding agreement outlining the terms of sale.
  3. Final Deed (Rogito Notarile) – The official transfer of ownership, signed in front of a notary.
  4. Registration & Taxes – The property is officially registered in your name, and taxes are paid.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Finally…

Purchasing property in Italy as a US citizen can be a rewarding experience, but it requires careful planning and professional support. By working with the right experts, you can avoid common pitfalls and confidently invest in your dream home. 

Need assistance? Contact De Tullio Law Firm today for a free consultation and expert legal guidance on your Italian property purchase.

Your Italian adventure starts now—buona fortuna!

 

Puglia Property Investment: Finding the Best Rental Opportunities

Sun-drenched Puglia has become a prime destination for property investments, attracting travellers seeking authentic stays and investors looking to capitalize on its thriving short-term rental market. Moreover, as interest grows, Puglia property investment is quietly emerging as one of the most sought-after opportunities in Italy.

In fact, with more visitors choosing vacation rentals over hotels, the region presents a lucrative opportunity for those eager to turn property ownership into a profitable venture. Consequently, foreign buyers are eagerly acquiring charming homes and transforming them into successful rental businesses.

Meanwhile, Puglia’s enchanting mix of history, coastline, culinary delights and culture continues to attract everyone from celebrities to adventure seekers. In this post, we’ll guide you through the best locations and, in addition, highlight key legal considerations for short-term rentals in this beautiful region of Italy.

Get in touch for a free consultation and let us guide you toward a successful investment in this beautiful region.

Puglia Property Investment: Salento

Otranto

A historic seaside town with beautiful beaches and a charming old town, Otranto offers a unique combination of natural beauty and cultural heritage. On average, property prices here are €2,412 per square meter, making it an appealing option for those seeking a blend of history and coastal living.

Porto Cesareo

With its stunning beaches, such as Torre Lapillo and Punta Prosciutto, Porto Cesareo is a coastal town that draws visitors from around the world. With an average property price of €1,603 per square meter, it’s a popular destination for those looking to invest in beachside properties.

Torre dell’Orso

Famous for its crystal-clear waters and rocky cliffs, Torre dell’Orso is home to the breathtaking Grotta della Poesia. Here, property prices average €1,474 per square meter, offering an ideal opportunity for those looking for a tranquil coastal retreat.

Gallipoli

A lively coastal city boasting golden beaches and vibrant nightlife, Gallipoli is a hotspot for young tourists and a dynamic real estate market. The average property price in Gallipoli is €1,922 per square meter, reflecting its status as a popular destination.

Torre di San Giovanni

This small coastal village, welcoming over 50,000 visitors in the summer, features white sandy beaches and turquoise waters. With an average property price of €1,008 per square meter, it presents a more affordable option for buyers in search of a peaceful seaside lifestyle.

Pescoluse & Torre Pali

The “Maldives of Salento,” Pescoluse is famous for its clear waters and soft sand dunes. Torre Pali, offering a quiet seaside retreat, is located near Santa Maria di Leuca. In Salve, property prices average €1,570 per square meter, offering good value for those seeking idyllic coastal living.

Santa Maria di Leuca

A famous tourist destination, Santa Maria di Leuca is known for its breathtaking caves and monumental waterfall. With property prices averaging €1,735 per square meter, it’s a great location for those looking to invest in a charming, picturesque area.

Puglia Property Investment – Salento

Itria Valley and Puglia Property Investment

Bari

Bari, Puglia’s capital, has transformed into a vibrant cultural hub. The city showcases historic landmarks like the San Nicola Basilica and the iconic Petruzzelli Theatre, blending rich history with modern charm. Buyers can expect property prices to average €1,570 per square meter, offering strong potential for urban investments.

Polignano a Mare

Polignano a Mare, the “Pearl of the Adriatic,” impresses with dramatic cliffs and stunning sea views. Tourists flock here year-round, driving property prices to an average of €2,855 per square meter and making it a sought-after investment destination.

Monopoli

Monopoli offers a peaceful atmosphere, with whitewashed buildings, medieval fortifications, and lively nightlife. Investors find property prices averaging €2,398 per square meter, making it ideal for those seeking both tradition and vibrant coastal living.

Ostuni

Ostuni, nicknamed “The White City,” dazzles with its striking white architecture and breathtaking views from its hilltop perch. Buyers typically pay around €2,824 per square meter, attracted by the town’s unique character and scenic beauty.

Locorotondo, Cisternino, Martina Franca & Alberobello

These medieval towns charm with winding streets, historic palaces, and picturesque countryside. Property prices range from €1,338 per square meter in Locorotondo to €1,986 in Alberobello, famous for its iconic trulli houses. Investors appreciate the diverse opportunities these towns offer for authentic Puglian living.

Puglia Property Investment – Itria Valley

Legal Requirements for Tourist Rentals in Puglia

Short-term rentals in Italy are governed by the national tourism law, but they are also subject to specific regional regulations. In Puglia, the laws allow individuals to rent up to three properties as a non-business activity, making it an attractive option for smaller-scale investors. However, if you wish to rent more than three properties, you will need to register as a business and comply with additional regulations. Thus, understanding these legal distinctions is crucial to ensuring your rental operations are both compliant and profitable.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Key Regulations for Puglia Property Investments

  • Properties must meet all technical, hygiene, and safety standards.
  • A National Identification Code (CIN) is required for each rental.
  • A Certified Notification of Activity (SCIA) must be submitted, even for private rentals.
  • Rentals must have an Energy Performance Certificate (EPC) and a certificate of habitability.
  • A minimum stay of two nights is mandatory.
  • Properties must have gas and carbon monoxide detectors and fire extinguishers.
  • Owners must register guests with local authorities, even for stays under 24 hours.

Puglia Property Investment: Taxation and Rental Agreements

When investing in Puglia’s short-term rental market, it’s essential to understand the tax obligations tied to rental income. First and foremost, all rental income must be declared for tax purposes. For non-business landlords, there is the option to choose Cedolare Secca, a simplified tax regime with a fixed rate of 21% for the first property and 26% for any additional properties. This option, however, is only available under specific conditions and can offer significant tax advantages.

On the other hand, business operators engaged in rental activities on a larger scale must register for VAT. In addition to this requirement, they are obligated to follow standard taxation rules, which include regular VAT filings as well as compliance with broader fiscal regulations. Therefore, understanding your status as a landlord—whether non-business or business—is crucial to ensuring proper tax compliance.

Why Due Diligence is Crucial for Property Investments in Puglia

Before making a purchase, it’s crucial to be aware that many properties in Puglia come with legal or structural issues. To avoid potential complications, buyers should ensure that the property is fully compliant with urban planning laws as well as possessing the necessary permits. In addition, the property needs to meet safety standards. Without proper compliance, renting the property will not be possible, which can significantly impact your investment plans.

Furthermore, attempting to legalize a non-compliant property can be both complex and expensive. Therefore, conducting thorough due diligence before finalizing any transaction is essential. By doing so, you can safeguard your investment and ensure a smoother path to generating rental income.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Finally…

If you’re considering a Puglia property investment, it’s essential to have expert guidance throughout the process. With over 55 years of experience, our real estate lawyers specialize in assisting clients with property transactions in Italy. From conducting thorough legal checks to drafting and reviewing contracts, we ensure every step is handled with care, providing you with peace of mind. So, whether you’re a first-time buyer or an experienced investor, we’re here to help. Get in touch for a free consultation and let us guide you toward a successful investment in this beautiful region.

Buying Property in Italy as an American

Buying property in Italy as an American is an exciting opportunity to embrace la dolce vita. However, navigating the process can be challenging, especially when faced with unfamiliar legal and bureaucratic systems. Without the right guidance, the journey can feel overwhelming.

The Italian and American conveyancing processes differ in several key ways, but these differences shouldn’t discourage prospective buyers. With the right information, purchasing a home in Il Bel Paese can be a smooth and rewarding process.

In this article, we’ll break down the essential steps, highlight the key differences between the Italian and American property-buying processes, and provide practical insights to help you make informed decisions.

Schedule a free consultation today to learn how we can support you with buying property in Italy as an American.

Which law regulates real estate transactions in Italy, national or regional law?

In Italy, national law governs the process of purchasing and selling real estate, ensuring a uniform legal framework across the country.

However, each region enforces its own urban planning regulations, making every transaction unique.

While Italian civil law regulates the contractual aspects of a property purchase, regional and municipal rules dictate the technical requirements a property must meet.

Is it possible to buy property in Italy as an American, or do I need to be an Italian citizen?

Having an American passport is all you need to buy property in Italy as an American. Italian law follows the principle of reciprocity, meaning that if Italian citizens can purchase property in a particular country, then citizens of that country – such as the U.S. – can buy property in Italy under the same conditions.

As an American, you can purchase property in Italy either as a private individual or through a U.S.-based company.

Who are the mandatory and recommended professionals in an Italian property transaction?

While not mandatory, when buying property in Italy as an American there are several professionals that can be involved in the Italian conveyancing process, offering valuable support:

1. Real Estate Agents

When searching for a property online, buyers typically interact with real estate agents first. However, their role in Italy differs significantly from their U.S. counterparts. Unlike in the U.S., where buyers and sellers each have their own agent, Italy has a single real estate agent representing both parties. The agent is hired by the seller to market the property but also facilitates the transaction for the buyer. This means that unless the buyer hires an independent advisor, no professional will be solely committed to protecting their interests.

2. Real Estate Attorneys

Though not required by law, hiring a real estate attorney is highly advisable. Their role includes:

  • Conducting thorough legal due diligence, ensuring the property complies with zoning laws, has the necessary permits, and holds a valid certificate of habitability.
  • Drafting a reservation offer, an initial agreement outlining the buyer’s and seller’s commitments.
  • Preparing the preliminary contract, a legally binding agreement between both parties before the final sale.
  • Representing the buyer at the final deed signing through a Power of Attorney, eliminating the need for the buyer to travel to Italy.

If hiring an attorney, ensure they are fluent in English to provide accurate translations of legal documents, preventing misunderstandings.

3. Surveyors or Architects

A surveyor or architect can verify that the property complies with urban planning and cadastral regulations, helping to prevent costly legal issues after purchase. For example, if a previous owner made unauthorized structural changes – such as expanding a terrace or adding a room without proper permits – the new owner could face fines or even be required to demolish the additions. Similarly, if the property’s official records don’t match its actual layout, it could lead to delays in obtaining utilities, unexpected tax reassessments, or legal disputes. A thorough assessment by a qualified professional ensures that the property is legally compliant before finalizing the purchase.

4. Mortgage Advisors

For buyers seeking a mortgage in Italy, working with a mortgage advisor can simplify the process and help secure the best financing options.

By assembling the right team of professionals, American buyers can confidently navigate the Italian real estate market and ensure a smooth property transaction.

The only mandatory professional in an Italian property transaction is a notary public. As an impartial public official, the notary ensures that the transaction complies with Italian law. Their responsibilities include drafting and authenticating the deed of sale, verifying that the seller has the legal right to transfer ownership, and identifying any encumbrances or liens on the property. Additionally, the notary is legally required to collect property transaction taxes on behalf of the Italian State.

What’s the difference between the Notary public’s due diligence and the real estate attorney’s due diligence?

In the U.S., real estate transactions typically involve attorneys who safeguard their client’s interests throughout the process. In Italy, however, hiring a real estate attorney is not mandatory although it is highly recommended, especially for foreign buyers unfamiliar with the country’s legal framework.

A notary public plays a crucial role in Italian property transactions. As an impartial third party working for the Italian State, the notary ensures that the transaction complies with Italian law. However, by law, notaries cannot advocate for either the buyer or the seller. Their due diligence is limited to verifying that the property is free of liens or encumbrances.

By contrast, a real estate attorney, selected and hired by you, works solely in your best interests and conducts thorough, independent due diligence. Beyond checking for liens, an attorney can assess potential legal or financial risks, investigate the property’s legal status, and uncover hidden clauses that may put the buyer at a disadvantage. Before signing a preliminary contract, an attorney can review terms and conditions, ensure they align with the buyer’s expectations, and negotiate amendments if needed.

For non-Italian buyers, combining the expertise of both a real estate attorney and a notary public provides a strong layer of protection, safeguarding both the investment’s quality and the buyer’s peace of mind.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Finally …

If you’re wondering how achievable buying property in Italy as an American is, understanding the Italian conveyancing process is essential.

Schedule a free consultation today to learn how we can support you with buying property in Italy as an American.

By doing so, you’ll protect your interests and ensure a smooth, worry-free experience!

Buy a Home in Italy: New Estate Agent Fees

A significant change is coming to the real estate market in Italy. Published in the Italian Official Gazette on December 13, 2024, Labor Law No. 203 will come into effect on January 12, 2025. This law introduces a simplified approach to handling real estate agent commissions in notarial deeds. The new law eliminates the obligation to explicitly state the amount of commissions paid to real estate agents in such deeds, offering several advantages to those who buy a home in Italy, as well as for the vendors.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Key Changes Introduced by the Law

Under the new legislation, the deed of sale must only indicate whether a mediator was involved in the negotiation. Additionally, the parties must:

  1. Provide Invoice Number: the number of the invoice issued by realtors must be quoted, but not the commission amount.
  2. Confirm Payment Compliance: the deed must confirm the payment matches the amount stated on the tax document.

This approach ensures that the transaction complies with legal requirements while reducing unnecessary administrative complexity.

Buy a Home in Italy. Changes to law on estate agent fees

Privacy Benefits for Buyers and Sellers When Buying A Home in Italy

One of the most notable benefits of the new law is the enhanced privacy it affords to buyers and sellers. By removing the obligation to disclose real estate agent commission amounts in the deed, both parties can negotiate fees with real estate agents without external or public scrutiny. This flexibility fosters more open discussions and agreements tailored to the specific needs and preferences of the parties involved.

Transparency and Traceability

While the new law removes the need to declare commission amounts in notarial deeds, it upholds transparency through the requirement of electronic invoicing. The electronic invoice obligation ensures that all payments are traceable and compliant with Italian tax laws. This measure encourages ethical behavior by all parties, including real estate agents, and reduces the likelihood of tax evasion or other financial discrepancies.

Reduction in Disputes

Removing commission details in the deed reduces disputes over agent payments, benefiting both buyers and sellers. Focusing on the invoice number and tax compliance prevents misunderstandings or conflicts over commission amounts. This streamlined approach fosters smoother transactions and greater trust among the parties involved.

A Step Forward in Simplification: Making It Easier to Buy a Home in Italy

Labor Law No. 203 is part of a broader effort to simplify administrative processes in Italy. This change advances the real estate market by making property transactions more efficient, private, and transparent. Buyers and sellers alike will benefit from reduced bureaucracy, fewer risks of contention and a clearer framework for negotiating and recording agent commissions.

The new legislation removes the obligation to indicate commission amounts but still requires providing the invoice number and tax or VAT code of the agent.
From a transparency perspective, this ensures traceable, compliant transactions.

Moreover, for buyers and sellers, not specifying commissions reduces disputes over real estate agent agent payments.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Finally …

The elimination of the commission amounts in notarial deeds marks a pivotal change in Italy’s real estate sector. By balancing privacy, transparency, and traceability, the new legislation creates a more efficient and buyer-friendly environment for property transactions. As the law comes into effect, it is expected to encourage a more trustworthy real estate market for both domestic and international buyers.

If you’re looking to buy a home in Italy, or want to sell a property, now is the perfect time to explore the benefits of this new legislation. In order to do so, expert legal guidance can be invaluable. Our team of specialized real estate lawyers is here for you with all the information and legal support you need. Contact us or book a call with our office for tailored legal advice.

Homes for Sale in Milan: Legal Issues and Suburban Opportunities

The metropolis of real estate investments

Milan ranks as the city in Europe with the highest number of real estate investments. Between 2019 and 2029, investors plan to invest about 13 billion euros in real estate in the metropolitan city of Milan, aiming to develop and transform it. This surge in activity has also created a dynamic market for homes for sale in Milan, attracting both local and international buyers eager to capitalize on the city’s growth. Munich and Amsterdam follow in second and third place, with a significant gap from Milan. Against this backdrop of major growth and investment, how do the many ongoing and upcoming construction projects fit in from a legal standpoint?

Italian urban planning and building regulations lead to various interpretations, which hinder a clear understanding of what is and isn’t allowed during major construction work. Moreover, Italy’s complex bureaucracy often causes significant difficulties for those who choose to invest in real estate. Currently, a judicial investigation has slowed down real estate development in Milan’s capital city.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

The risk involved in investing without the right legal advice

The judiciary is accusing builders of having misused building permits for renovations, using them even in the case of new constructions, which differ from the original building projects. The Municipality of Milan had authorized these large building works as if they were simple renovations. The investigation started with the ‘Park Towers’ located in Via Crescenzago, near Parco Lambro, and continued with other buildings, among which one in Via Stresa, in the Maggiolina area; one in Piazza Aspromonte, located between Loreto and Città Studi; and the ‘Bosconavigli’, an innovative project in the south-west of Milan. This practice came to a halt with the opening of the public prosecutor’s investigation.

Italian law upholds the fundamental principle of legal certainty. Under this principle, any ambiguity in the interpretation of a law is unacceptable, as the consequences of misinterpretation can be severe. Even if a party is ultimately cleared of wrongdoing, a construction site halted during an investigation can result in significant losses of both time and money.

For this reason, the Italian government has taken a strong interest in the matter and is drafting the “Salva Milano” decree to address construction site closures caused by investigations and to resolve the deadlock in the city’s urban planning. While this legislation has faced significant criticism, the government’s aim is to enhance legal certainty and provide clarity to investors on how they can safely allocate their resources.

The Best Time to Invest in Homes for Sale in Milan

Despite recent events causing a drop in Milan’s real estate investments, property prices in the city continue to rise. In the city center, a small flat can reach stellar prices, while the same in the suburbs costs less. Suburban costs are also set to rise due to price trends and the 2026 Milan-Cortina Olympics.

Projections show suburban property prices in Milan rising significantly over the next ten years. A real estate investment in Milan’s suburbs is a smart and profitable opportunity.

The Importance of an Italian Real Estate Lawyer When Buying Homes for Sale in Milan

Investing profitably and lawfully requires strict adherence to Italian building rules, though it is time-and money-consuming. Italian real estate law is complex, creating uncertainties for those unfamiliar with it. Therefore, relying on specialized real estate lawyers is essential to protect investments and avoid errors.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Finally…

An Italian real estate lawyer ensures you invest safely in the market while saving time and avoiding costly mistakes. The lawyer will guide you step by step to achieve your goals and avoid risks. If considering investing in Milan’s real estate market, contact De Tullio Law Firm at info@detulliolawfirm.com to schedule a consultation.

Italian Lawyer: Essential for Buying or Selling Property in Italy

Buying or selling property in Italy can be an exhilarating yet challenging experience. However, navigating the complex legal and bureaucratic landscape on your own can be risky. From intricate regulations to specific tax requirements, the assistance of an experienced Italian lawyer is essential in protecting your investment and ensuring a smooth transaction. Here’s how an Italian lawyer can play a crucial role in property purchases or sales in Italy.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

The Vital Role of an Italian Lawyer in Property Transactions

Italian property law is complex, and even the smallest missteps can lead to costly complications. A qualified Italian lawyer provides essential expertise, safeguarding you from potential legal pitfalls and ensuring a legally sound transaction.

Conducting Thorough Due Diligence

One of the most critical steps in purchasing property in Italy is conducting due diligence. Italian lawyers are skilled in scrutinizing properties to confirm they’re free from legal issues, such as unresolved debts or ownership disputes. This in-depth investigation protects buyers from inheriting problems that may later jeopardize their investment.

Without the expertise of an Italian lawyer, buyers may overlook crucial legalities, putting themselves at risk. A lawyer ensures that you’re not purchasing a property with hidden liabilities, providing you with the confidence that your investment is secure.

Ensuring Compliance with Italian Laws and Regulations

Italian property transactions are subject to strict building codes, zoning laws, and permit requirements. An Italian lawyer will ensure that the property adheres to all relevant regulations and that necessary permits are in place. This step is vital for both residential and commercial properties, as compliance issues could otherwise lead to fines or future legal challenges.

Expert Negotiation and Contract Drafting

Negotiating and drafting a purchase contract in Italy demands specialized knowledge. Italian lawyers can facilitate smooth negotiations and help draft contracts that clearly define all terms and conditions, reducing the likelihood of misunderstandings or disputes. By having an experienced lawyer on your side, you can rest assured that every clause protects your interests.

Facilitating the Title Transfer Process

The transfer of property title in Italy is an intricate process that must adhere strictly to Italian law. Your Italian lawyer will oversee this step, managing all required documentation and ensuring a legally binding transfer from the seller to the buyer. They’ll also handle any potential complications that may arise, ensuring the process is seamless and legally compliant.

Navigating the Italian Tax System

Purchasing property in Italy involves understanding complex tax implications, which vary based on residency status and the property type. Italian lawyers offer valuable tax guidance, helping you make informed decisions and navigate Italy’s tax system with ease. This support can save you money and prevent unexpected tax liabilities.

Why a Bilingual Italian Lawyer Matters

A bilingual Italian lawyer can bridge both language and cultural barriers, ensuring that foreign clients fully understand each step of the process. From translating documents to interpreting local legal terms, having a bilingual lawyer adds an extra layer of protection, giving you clarity and peace of mind throughout the transaction.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Final Thoughts: Invest in the Security of an Italian Lawyer

In the end, hiring an Italian lawyer isn’t just advisable; it’s a smart investment in the security of your transaction. Whether buying or selling property in Italy, the guidance of a qualified lawyer will protect you from potential pitfalls and streamline the entire process.

At De Tullio Law Firm, we specialize in Italian property, family, and inheritance law, with over 55 years of experience assisting clients with Italian and cross-border matters. If you’re considering a property purchase in Italy, contact us today for a free preliminary consultation. Let us help you make your Italian property dreams a reality, safely and legally. Click here to claim a free preliminary consultation. 

Italian Real Estate: How to Avoiding Pitfalls when buying

Buying Italian Real Estate should be exciting but, it can also be a complex process

The best way to protect your investment when buying Italian real estate is to engage an English-speaking Italian lawyer. Instructing an independent, English-speaking Italian lawyer could save you money and stress in the long run.

Choosing the right Italian lawyer is a very important decision. Make sure you instruct an independent English-speaking lawyer, who has experience advising international clients in relation to property purchases in Italy.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Your Italian property lawyer should:

Be independent. Make sure the lawyer is not connected in any way to the estate agent, developer or seller. An independent lawyer will exclusively look after your interests and not the interests of the estate agent or developer. You should find your own lawyer rather than taking recommendations from an estate agent or using a developer’s in-house lawyer.

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Speak English. Unless you are a fluent Italian speaker, your lawyer should be English-speaking. You need to know that when you ask a question, your lawyer can fully understand and answer in a way you fully understand. There is no point in paying for advice that you don’t understand.

Have Professional Indemnity Insurance. You should check that your lawyer has adequate insurance. Should any problems arise as a result of advice you receive, you can be certain you are covered.

Why should you instruct a lawyer if you are buying Italian real estate?

It is impossible to evaluate a property just from viewing it. By instructing a lawyer you will have a better understanding of the property and the Italian purchase process.

Your lawyer can:

Guide you through the Italian buying process and the obligations of each party.

Check the property title, carry out checks and searches on the property before you sign any paperwork, which may well have binding financial and legal implications.

Arrange structural and geological surveys.

Review the purchase contracts to ensure that everything is as it should be and that your position is protected.

Advise about any inheritance and tax issues that may affect you. This is particularly important in Italy which has rules of ‘forced heirship’.

Help you make a Will to cover your Italian property, which is advisable in planning the succession of your assets.

Assist with matters such as Italian residency, tax codes, setting up a bank account or utility contracts for a property following purchase.

What is the role of the notary who buying Italian real estate?

An Italian notary (Notaio) is a legal representation of the Italian Government. Whilst they are part of the legal profession, it is important to ensure that you do not confuse the role of your lawyer with that of a Notaio.

The role of the Notaio in Italy is to oversee the property transaction, to collect the appropriate tax on behalf of the Italian State and to register the property in the Italian Land Registry. Legally a Notaio must remain impartial in the property purchase. A Notaio cannot, therefore, act on behalf of the buyer or the seller. You should instruct your own independent Lawyer to advise you specifically in relation to your property purchase and related issues.

Do I need to give my Italian lawyer Power of Attorney?

If you are not going to be in Italy during the purchasing process, it is a good idea to provide your lawyer with a Procura Speciale – a Limited Power of Attorney. This is a legal document that gives another person authority to act on your behalf, for example, to sign a property purchase contract.

Conferring a Power of Attorney to another person gives significant power to act on your behalf. You should therefore be comfortable that you fully understand what you are agreeing to, that you are happy with the wording of the document and that your agent is competent and trustworthy.

To discuss your situation, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Finally …

Buying Italian real estate is a complex matter. With our extensive knowledge and experience of Italian and international law, we provide expert conveyancing services throughout Italy. If you are purchasing an Italian property, get in touch for a free consultation.