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.

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.

2. 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Missing or outdated documents often derail deals.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.

3. 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.

4. 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.

5. Finalize 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.

6. 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.

7. 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.

8. 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

Step	Task	Details
1	Verify Ownership Documents	Collect the Atto di Provenienza (deed, inheritance act, donation, etc.)
2	Obtain Energy Certificate (APE)	Required by law before advertising the property for sale
3	Update Cadastral Records	Ensure the Planimetria and Visura Catastale match the property’s actual condition
4	Check Urban Compliance	Obtain Conformità Urbanistica to confirm all building works are legally registered
5	Conduct Pre-Sale Legal Audit	De Tullio Law Firm reviews documents to identify legal risks or missing paperwork
6	Use a Reservation Offer (Optional but Recommended)	Secure the buyer’s commitment with a Proposta di Acquisto before signing a preliminary contract
7	Draft Preliminary Contract (Compromesso)	Establish binding terms, timeline, and deposit conditions
8	Evaluate Tax Exposure	Calculate possible capital gains tax (plusvalenza) and local property taxes (IMU, TARI)
9	Grant Power of Attorney (if selling remotely)	Allow De Tullio Law Firm to manage the process on your behalf if you are abroad
10	Sign the Final Deed (Rogito)	Finalize the sale with a notary and register the transfer with the Land Registry