Buying a House in Italy from Abroad

Buying a House in Italy from Abroad: 6 Steps to a Safe Purchase

Federica Spinaci - Notary

Federica Spinaci - Notary

Notary Federica Spinaci is a lecturer at the School of Specialization for Legal Professions at Roma Tre University, collaborates with the university's Masters programs, and is the author of several publications on civil and private law.

Every year, thousands of foreign citizens and Italians living abroad purchase a property in Italy. The plan is almost always clear: a house in Rome, a farmhouse in the countryside, an investment to generate income. Less clear is the distance between that plan and the deed: can I buy even if I'm not an Italian citizen? Do I have to come to Italy in person for the deed? How do I verify that the property is in order? To whom can I safely hand over the money?

These are the questions we receive most frequently from those buying from abroad. The answer isn't a single formality, but a six-step that transforms an international project into a legally secure Italian purchase.

1. Market access: the condition of reciprocity

For European Union citizens, purchasing is a barrier-free process. For non-EU citizens, however, access is not automatic: Article 16 of the Preliminary Laws requires verification of reciprocity, i.e., that an Italian citizen can perform an equivalent transaction in the buyer's country of origin. Verification is not necessary when applicable international agreements exist or when the buyer is legally resident in Italy.

This isn't a formality: violating reciprocity can invalidate the purchase. Therefore, verification must be carried out on a case-by-case basis, before signing proposals or paying large sums.

2. The Italian tax identity

To purchase a property, pay taxes, and register the deed, the buyer must be registered for tax purposes in Italy. There are two basic requirements: a valid passport and an Italian tax code, issued by the Revenue Agency, even to non-residents.

The notary's office coordinates this documentation in advance, preventing a bureaucratic detail from blocking the operation just a few days before the deed.

3. Legal due diligence

A notary does more than collect signatures. A property may appear perfect during a viewing, perhaps freshly painted, yet hide very serious documental problems: mortgages, foreclosures, seizures, discrepancies between the floor plan and the actual state, outdated land registry data, urban planning irregularities, and unregistered transfers of ownership.

The notarial inspection serves precisely this purpose: to identify the problem before it becomes a financial loss or a dispute. For those purchasing remotely, unable to personally monitor the inspections, this protection is even more valuable.

4. Financial security: the deposit price

"Who do I hand over the money to?" is the most sensitive question for those transferring funds from abroad. The protection tool is depositing the price in the notary's dedicated account: the funds remain protected until the deed is transcribed and the checks to ensure there are no prejudicial encumbrances are completed, and only then are they released to the seller. This isn't a sign of mistrust: it's a guarantee procedure.

This is accompanied by the transcription of the preliminary contract, a vital protection against mortgages or foreclosures that could affect the seller in the period between the preliminary agreement and the final deed.

5. Remote purchase: special power of attorney

The buyer does not need to be present in Italy on the day of the transaction. They can do so through a special power of attorney signed abroad, in London, Zurich, New York, or Dubai, and made effective in Italy with an apostille or legalization, accompanied by a certified translation.

Planning is key :a power of attorney drafted at the last minute abroad may contain language incompatible with Italian law. If the notary is involved immediately, the text is drafted correctly and the purchase is completed without unnecessary travel.

6. Buying a House in Italy from Abroad: The Tax Framework

Taxes depend on the seller and the type of property . When purchasing from a private individual , registration tax applies : 2% with first-time homeowner tax breaks, 9% in other cases, including luxury properties (categories A/1, A/8, A/9, excluded from tax breaks). When purchasing from a VAT-registered company: 4% for first-time homeowners, 10% for standard taxes, and 22% for luxury properties. Fixed mortgage and land registry taxes are also added.

Please note: to maintain the first home benefits , you must transfer your residence to the municipality within 18 months, with specific rules for expatriate Italians registered withAIRE.

The timing paradox

The most common mistake is to finalize the deed before analyzing the feasibility of the transaction, calling the notary only at the end: the result is risks, delays, and incompatible documents. Theproactive approach reverses the sequence: the notary intervenes before the proposal, organizes the documents, identifies safeguards, and prevents errors before the money moves.

A notary who speaks the buyer's language

An international real estate transaction requires a team: real estate agents, lawyers, accountants, and relocation professionals. The notary is the legal guarantor , protecting the work of all the professionals involved and the buyer's assets.

The Federica Spinaci Notary Officein Rome assists Italian and international clients in both languages, following the entire process from the preliminary verification to the deed of sale.

Contact us for a consultation by filling out the form below or calling the office at +39 06.807.0943.

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