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These brief guides provide answers to frequently asked questions about buying real estate in Italy. You will find helpful information regarding the legal procedures, taxes and other financial matters, and a step-by-step overview of the entire purchase process. It is not a substitute for the services of lawyer or a financial advisor. If you would like a deeper understanding and/or professional advice, we will put you in touch with the most appropriate expert. 
 
 
 
 

The Buying Process

The first step is for the buyer to make a verbal offer to the vendor, the proposta di acquisto, usually using the estate agent as an intermediary. The offer is then placed in writing and becomes legally binding (the amount of the deposit is usually from 5 to 10% on the purchase price).

Once the seller accepts the offer, the parties have a binding contract, which is then formalized with the execution of a contratto preliminare, a formal agreement according to which the parties undertake to buy and sell the property and agree on the terms and conditions of the sale.

This contains the essential terms of the sale, including the full details of the vendor and the buyer, the purchase price, how it's to be financed, the closing date and any other conditions that must be fulfilled before completion.

On signing the contratto preliminare , the buyer pays a 10 to 30% deposit on the purchase price. Unless otherwise indicated, in the event either party withdraws from the sale, the other party has the right to force the sale, and/or collect damages and/or retain the deposit (if the seller is the breaching party it can be twice the deposit amount). This is usually the moment when the parties will pay the commissions to the agent.

The completion, called atto notorio, is achieved at the signing of the final deed, which is drawn by a notary. The date is usually six to eight weeks after signing the preliminary contract.

When the necessary documents have been returned, you will pay the balance of the purchase price and also a bill for fees and taxes. The final act of buying is the signing of the rogito, which takes place in the notary's office.

The Role of the Notary
In most countries, except the UK and other 'common law' jurisdictions, the Notary plays a major part in the process of buying and selling real estate. The Notary is a public official who is there simply to put on the public record the fact that the title deed recording the sale/purchase has been signed in his or her presence and understood by the parties concerned. If the Notary makes any checks as to the status of the property these are usually very limited. The use of the Notary is no substitute for proper, independent, legal advice.

   

Fees and Taxes

Registration taxes
These are taxes payable when you purchase either agricultural land or a house, apartment or building plot. They vary from 3 to 10% and are based on the rent estimation of the house made by the government (this is much lower with respect to the sale price) multiplied for a fix coefficient.


Imposta sul Valore Aggiunto (VAT) 
This is charged at 10% (4% if it is your main residence) on all new properties except luxury homes, which bear 20%. It is usually included in the advertised price of the property. 

Notary's Fees 
These vary according to the value of the property, the number of pages in the documents prepared and various other factors. They would normally be about 2,500 Euros for a 80,000 Euros house. 

Estate Agents Commission 
This is not strictly a tax but is included here for the sake of completeness. The usual percentage is 3% from each side.

 


 
 
 
 
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