I Want to Sell My Italian Property

If you’re thinking, “I want to sell my Italian property”, you’re likely facing questions about legality, paperwork, taxes and how to avoid costly mistakes.

At De Tullio Law Firm, we specialize in helping clients sell their Italian property with full legal protection, transparency and efficiency. As a trusted Italian real estate law firm, we offer legal support throughout the entire selling process – from document checks to final notarial signing – whether you’re in Italy or abroad.

Let’s walk through what it takes to sell your Italian property successfully.

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.

1. Understand Your Legal Obligations Before You Sell Your Italian Property

Before listing your home for sale, it’s essential to understand your legal responsibilities as a seller. Italian law requires that your property be sold free of mortgages, liens, or other encumbrances, and that you disclose all relevant information to avoid post-sale disputes.

If you’re not currently residing in Italy, De Tullio Law Firm can represent you through a Power of Attorney (Procura Speciale), allowing us to handle the entire sale process on your behalf.

  1. Gather the Mandatory Documents to Sell Your Italian Property

To initiate the sale, you’ll need to compile a comprehensive legal file. This includes:

  • Atto di Provenienza – proof of ownership (e.g., deed, inheritance, donation)
  • APE (Attestato di Prestazione Energetica) – mandatory energy performance certificate
  • Planimetria and Visura Catastale – official floor plan and land registry extract
  • Conformità Urbanistica – confirmation that all renovations comply with local planning laws

Missing or outdated documents often derail deals. Our legal team performs pre-sale due diligence to identify and resolve red flags early. This saves time and avoids disputes.

  1. Reservation Offer: Secure a Buyer and Protect Your Interests

Before entering into a full preliminary contract, many sellers and buyers choose to sign a Reservation Offer (Proposta di Acquisto). This legally binding agreement secures the buyer’s intent to purchase, often alongside a small deposit.

At De Tullio Law Firm, we strongly recommend having this document drafted or reviewed by a lawyer. It defines the terms of commitment and prevents the property from being marketed to other buyers while negotiations continue. This step provides clarity and legal protection for both parties, especially in cross-border transactions.

  1. Sign the Preliminary Agreement (Compromesso)

Once a buyer commits, both parties sign the Compromesso di Vendita, a preliminary contract that outlines the agreed terms and conditions. At this stage, the buyer typically pays a deposit of 10–20%.

This agreement is legally binding, and any breach can lead to legal action or financial penalties. De Tullio Law Firm drafts or reviews these contracts to ensure your rights are protected and that the terms are fair and enforceable.

  1. Finalise the Sale with the Rogito Notarile

The final step to sell your Italian property is the Rogito, the official deed of sale signed before a notaio (Italian notary). The notary:

  • Verifies identities and documents
  • Confirms legal and tax compliance
  • Registers the ownership transfer in public records

Although the notary is technically neutral, buyers typically select and pay for their services. De Tullio Law Firm ensures that everything is prepared in advance and accompanies you – or represents you – at the final signing.

  1. Consider the Tax Implications When You Sell Your Italian Property

Sellers may incur Capital Gains Tax (Plusvalenza) if the property is sold within five years of purchase, unless it was used as your primary residence. Other costs you should account for include:

  • Real estate agent commission (usually 2–3%)
  • Notary and registration fees
  • Legal fees
  • Local taxes such as IMU or TARI

We collaborate with tax professionals to calculate your liabilities and help you take advantage of available tax exemptions where applicable.

  1. Sell Your Italian Property from Abroad with Legal Representation

Not in Italy? You can still sell your Italian property. With a Power of Attorney, De Tullio Law Firm can legally manage the entire sale on your behalf – drafting contracts, coordinating with real estate agents and notaries, and overseeing the signing of all legal documents.

Many of our clients live in the UK, US, Australia and beyond. Remote selling is secure, fully legal, and highly efficient with proper legal guidance.

  1. Avoid Common Pitfalls When Selling Your Italian Property

Over the years, we’ve helped countless clients avoid serious legal issues, including:

  • Sales blocked due to unregistered renovations
  • Incorrect cadastral records that delay registration
  • Buyer disputes stemming from ambiguous contract clauses

By working with De Tullio Law Firm, you gain peace of mind knowing your sale is fully compliant, documented and enforceable under Italian law.

Finally …

From verifying documents and securing a buyer to finalizing the deed, De Tullio Law Firm ensures your sale is smooth, transparent and legally sound.

Ready to Sell Your Italian Property? Contact De Tullio Law Firm today for a free consultation. Our multilingual team of real estate legal experts is right beside you.

Legal Checklist for Selling Real Estate in Italy

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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. 

Property in Italy. Advice for Buying, Renovating And Selling.

When buying a property in Italy, it’s essential to think about the long-term consequences. Do your due diligence and follow all legal protocols to avoid potential problems.

We thank our clients who agreed to share their experience of buying, renovating, and selling property in Italy. Their responses provide valuable insights for anyone considering an Italian property investment.

What attracted you to buy property in Italy?

“We didn’t initially intend to buy a property in Italy…

We were invited to stay with friends who had a house in a small Italian village. We saw a house in the same village that had been empty for about 16 years and just decided to buy it! We contacted the owners and one of them showed us around the property. We wanted to use the property as a shared holiday home for the four of us, who are friends. Although the house needed a lot of work, we thought it could be a fun project. “

 Our Advice?

  1. We would advise that before making any decisions about purchasing a property, it is important to thoroughly research the local real estate market and understand the costs and legal requirements involved in buying and owning property in Italy.
  2. Online advice can sometimes be misleading or even incorrect. It would be wise to consult with an experienced real estate agent and a lawyer, as well as a contractor who can provide an estimate for any necessary repairs or renovations.
  3. Additionally, if you are planning to buy property as a shared venture, it would be a good idea to discuss and establish a plan for managing and maintaining the property among friends.
  4. It’s also important to consider the long-term plan for the property, such as what to do with it when no one is using it.
  5. Ultimately, it’s important to weigh all the factors and determine if the project is financially and logistically feasible before proceeding with the purchase.

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Can you tell us how you bought your property in Italy?

“The purchasing process was hit and miss… 

We were put in touch with people by the friends we had stayed with. However we quickly found that translation was a big issue. The estate agent proceeded to put us in touch with a notary who insisted we understand everything. Our entire property purchase team consisted of the Estate agent, property a consultant the notary and translators. We did not engage a lawyer.”

Our Advice?

  1. Prioritise finding a real estate agent or a property consultant who is fluent in the same language as you to avoid any confusion or misunderstandings. Be aware that real estate agents facilitate the search for an Italian property. However, Italian real estate agents have no legal obligation to undertake searches of a technical or legal nature (due diligence).
  2. Engage a lawyer who speaks your language and can guide you through the whole legal process, ensure your rights are protected and review all the necessary documentation.
  3. International clients are often confused about the role of an Italian Notary. There is a mistaken belief that a public notary (notaio) performs the same function as a lawyer, solicitor or attorney (avvocato). This is not the case. Italian notaries act on behalf of the Italian State whereas a lawyer, is someone you engage to act exclusively on your behalf in a legal matter.
  4. Have a clear plan of how to communicate with your team in Italy in order to ensure everyone is on the same page and to avoid any confusion.
  5. Make sure to ask for clarification and confirmation of any important information or details that you don’t understand.
  6. Take your time with the process and don’t rush into any decisions. Make sure you fully understand all the terms and conditions before proceeding.

Did you buy the property alone or with others?

“The purchasing process was quite complex..

We are 2 couples and we came to a friendly agreement to have all names in the deed of sale. All owned a quarter each. All decisions had to be unanimously decided by all four. We found the overall purchasing process different to the UK. Quite complex and it took roughly 9 or 10 months to complete.”

Our Advice?

  1. Prioritise communication and organisation among the co-buyers. Having a clear plan and decision-making process in place will help ensure that the process runs smoothly.
  2. Research and understand the legal requirements and procedures involved in buying property in Italy. The laws and regulations of Italy vary significantly from other countries. It’s important to be aware of them before signing any paperwork. You can read more about this here.
  3. Consult with a local lawyer who has experience in property transactions in Italy. This will ensure that all legal requirements are met and that parties’ rights are protected.
  4. Be prepared for the process to take longer than you might expect. It’s important to be patient and allow enough time to complete all the necessary steps.
  5. Make sure to keep accurate records of all transactions, agreements, and communications throughout the process to avoid any potential misunderstandings or disputes among the group.
  6. Keep in mind that buying a property as a group can be challenging, especially if all decisions have to be made unanimously. It’s important to have open and honest communication, and to be willing to compromise when necessary.
  7. Prepare for unexpected costs and have a contingency plan in place.

Did you undertake any renovations once you owned the property in Italy?

“The house was in need of complete renovation…

The property had no certificate of habitability. Someone in the village recommended a geometra who organised the renovation with local builders. The geometra didn’t speak English but his daughter was a solicitor who translated everything for us. At the time we believed all the planning permissions and paperwork had been taken care of. However when we came to sell the property we found out that was not the case…”

Our Advice?

Buying and renovating a property in Italy is a common scenario. It is also a common scenario for these projects to end in heartache. Unfortunately, we often don’t meet these buyers until after they have purchased a property. They have usually spent way more than expected and then need help to fix problems. Overall, it’s important to be well-informed, organised, and to work with professionals who have experience of renovations in Italy. This will ensure that the renovation process goes smoothly and that you are later able to sell the property without any issues.

  1. Be sure to obtain certificates of habitability and energy efficiency when buying an Italian property. If the property does not have either certificate, make sure you understand the long term implications of this.
  2. Prioritise obtaining all necessary planning permits, licenses, and approvals before starting any renovation work. It’s important to be aware of all the legal requirements and regulations and to make sure that the work is in compliance with them.
  3. Work with reputable and licensed contractors and tradespeople, who are familiar with regulations and have experience with the type of work you need.
  4. Engage a lawyer to draw up a detailed contract with the contractor. A lawyer can also help you understand and communicate with the geometra and other professionals involved in the renovation process, if you don’t speak Italian.
  5. Keep accurate records of all agreements, invoices, and receipts.
  6. When buying a property in need of complete renovation, it’s important to have a realistic budget. Additionally you should plan a contingency for unexpected costs.
  7. Prepare for unexpected issues to arise during the renovation process and have a plan in place for how to address them.

What made you decide to sell your property in Italy?

“We decided to sell the property… 

We had planned to spend more time but personal circumstances at home didn’t allow it. For numerous reasons. The covid pandemic didn’t help. When we were there, there was always lots of work to do in the garden and the house. It was fun going but it never felt like a holiday. Getting older, we did not want to risk creating problems for our children in the future should something happen to us. After owning the property for 15 years we decided it was time to sell it.”

Our Advice?

  1. If you’re buying or already own a property in Italy, it’s important to plan ahead for its future ownership. Estate planning is an ongoing process that should be reviewed and updated as your family and circumstances change. Failing to take the right steps can lead to family disputes and complications after your death. Consider consulting a lawyer for guidance on how to best manage your Italian property.
  2. When considering selling, a lawyer can ensure that all necessary legal paperwork and permits are in order before listing the property, which will speed up the sales process and increase opportunities to reach prospective buyers.

Can you tell us about the sales process of your property in Italy?

“The property sales process was straightforward. 

When it came to the sale of the property, on a friend’s recommendation, we engaged De Tullio Law Firm. We gave De Tullio Law Firm power of attorney. The team were able to do everything for us. The overall process took about a year because when preparing the listing, De Tullio Law Firm discovered missing permits, certificates, etc… We then needed to acquire retroactive planning permission, which took a few months. Once all the documentation was complete and correct, the house sold very quickly”.

Our Advice?

  1. Selling your Italian property can be a complex and time-consuming process. To ensure a smooth and successful sale, prepare and organise all the necessary legal documents and paperwork before listing it.
  2. Paperwork includes the title deeds, land registry entries, building permits, certificate of habitability,  energy performance certificate (APE) and a certificate of urban destination (CDU). Having these documents readily available will speed up the sales process and increase the property’s appeal to potential buyers.
  3. To make this process easier, it is advisable to seek the assistance of a lawyer who is familiar with the Italian property market and regulations. Your lawyer can provide a pre-sales service to ensure that all the paperwork is in order before listing the property for sale. This can also include handling the marketing of the property and representing you if you are unable to travel or make multiple trips to Italy.
“The overall experience of buying and owning a property in Italy was a life changer. Overcoming legal challenges and completing renovations led to amazing times at the house. We had great neighbours, friends, and support from the village. Our property partners were fantastic, discussing everything and sharing 15 memorable years with us. 
If anyone is considering doing a similar project, I would say just follow your heart. As long as you take the sound advice by De Tullio Law firm, you will be well guided throughout the process. “

Finally …

De Tullio Law Firm is your go-to for expert guidance and support when buying, owning, or selling Italian property. We have over 55 years of experience in Italian and cross-border property, family, and inheritance matters. Our team provides comprehensive and personalised service to ensure your property transaction runs smoothly.

Trust us to handle the legal complexities and help you navigate the often-challenging Italian property market. Contact us today to schedule a free preliminary consultation.

 

You may also be interested in our Guide to Building And Renovating Property in Italy.

You might also like our info videos about Italian property, succession and family law.

Selling Your Italian Property. A Short Guide


Selling your Italian property can be a difficult and lengthy process
 

To aid the process in the long run, it is therefore important to make things easier at the outset. Prior to selling your Italian property there are certain preparations that are worthwhile making.

Preparing a sales package

The first step is to gather all the legal paperwork relating to the property.

Amongst other things, this includes the title deeds which prove you are the legal owner. Also, land registry entries to show that the whole property has planning permission and complies with building regulations. In addition, the property’s certificate of habitability and energy performance certificate.

Having this paperwork before you start marketing the property will facilitate the whole sales process for you as well as potential buyers.

Marketing your Italian property

The next step is putting the property on the market. You can either do this as a private sale or through a real estate agent (agente immobiliare).

If you are appointing an Italian real estate agent, it is important to ensure that the agent is qualified and registered with the local Chamber of Commerce in full compliance with Italian law. Legislation governing real estate agents aims to guarantee professional qualification. An unregistered agent could be prosecuted for carrying out a reserved activity and may not be legally entitled to request commission. Legislation also ensures that the agent has adequate indemnity insurance to cover clients in the event something goes wrong.

It’s important to think about whether the real estate agent can market the property locally, nationally and internationally. Perhaps ask a few agents to appraise the property. And, be sure to discuss brokerage fees before you choose.

Checking Italian real estate agent terms and conditions

Usually, both the buyer and the vendor pay the estate agent commission. Estate agent commission is negotiable but is generally equivalent to 3% of the full sale price. Amongst other aspects, it is important to assess the agent. In particular, their brokerage fees, minimum sale price, duration of the mandate and their exclusivity.

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Frequently, real estate agents require a foreign seller to sign standard terms of engagement. The seller must carefully evaluate this before signing. All the more so if the document is in Italian. Even with the translation of the terms of engagement into your language, the Italian version will prevail.

Reservation offers in Italy

Once a potential buyer is considering the purchase of your property, the potential buyer will generally sign a legally binding document called, Proposta Irrevocabile d’Acquisto, a Reservation Offer. Often the buyer makes a small deposit to the vendor at this point.

Both the buyer and the property vendor should sign the reservation offer. In effect, the reservation offer removes the property from the market for a period of time, usually 15 days. This allows the interested buyer exclusive rights to conduct due diligence on the property.

Property checks and searches in Italy

Due diligence includes: conducting surveys, planning and building application/permission searches, local authority and land registry searches, and legal searches.

This is where preparing your sales package before marketing your property comes into its own.

The aim of due diligence, amongst other things, is to establish that the property exists in relevant records. In other words that it is as described, and the seller has the right to sell the property in question.

That there are no mortgages/charges or any third party rights or other undisclosed encumbrances affecting the property.

The property complies with all local planning and building regulations and complies with any relevant local authority urban plan.

That the property is fit for human occupancy, unless the property is selling for reconstruction, and that the owner holds the relevant certification of habitability Certificato di Abitabilità.

The seller has complied with all the relevant Italian tax legislation by lodging tax returns, and paying tax. This includes tax which may have been due in the previous tax years. In default of this requirement, the property may be legally unsaleable.

That where the vendor is the owner of a company, the vendor is not insolvent. In addition, no application to this effect should be pending against the owner; 

That where the property is in a block of flats, the vendor is up to date with all service charges due.

Make sure the preliminary contract fits your buyer’s specific needs when selling your Italian property

Having a tailored preliminary contract will facilitate your sale. Often estate agents use a standard form for this, but this may not meet your buyer’s specific circumstances. What happens, for example, if your buyer is purchasing subject to getting a mortgage? Make sure you cover all the bases to ensure that selling your Italian property doesn’t become more protracted than it needs to be.

Conditions precedent in a preliminary contract protect all parties when buying and selling property in Italy. However, to provide protection, conditional clauses must actually be written into the preliminary contract in order for them to be legally binding.

Selling your Italian property: completing the sale

This usually takes place in the offices of a notary (Notaio). In Italy, sellers and purchasers often use the same notary to oversee the transaction. However, you are perfectly within your rights to have your own notary.

The notary will draw up the deed of sale based on information contained in your preliminary contract.

Liability relating to an Italian deed of sale, involves not only the selling and buying parties but also the notary. Failure to disclose all relevant facts about your Italian property represents a complex legal matter which can have far-reaching consequences.

Finally …

For more detailed information about selling your Italian property, we have prepared a free Guide to Selling Property in Italy

If you are thinking of selling a property in Italy, why not talk to us? We offer a pre-sales service. This ensures that all the legal sales-related paperwork is correct before you put your property on the market.

De Tullio Law Firm can advise and guide you throughout your Italian property selling journey. We have over 55 years of experience working with clients on their Italian and cross border property, family and inheritance matters. Get in touch.

 

You may also be interested in Selling Property in Italy. A Short Guide.

You may also like to watch our info videos regarding Italian property law.