Buying a luxury property in Italy means meeting a figure that doesn't exist in the Anglo-Saxon world: the notary. And this almost always means misunderstanding their role. The notary guarantees the legality of the deed, not the buyer's protection. It's a distinction that, on an eight-million-euro historic villa, is worth more than any price negotiation.
Market figures help explain why the topic is increasingly engaging with people. In 2025, a penthouse in Brera sold for $28 million, a record for Milan. On Lake Como, lakefront villas in Moltrasio range between €5,000 and €7,000 per square meter. In Cortina, prime prices have reached €21,500 per square meter, up 10% year-over-year, according toKnight Frank's Alpine Property Report.
According to the Engel & Völkers Italy Market Report, international buyers represent an average of 35% of the prime market, with average transactions exceeding €1.65 million. The strongest demand comes from the United States, Switzerland, the Netherlands, Germany, and Scandinavia. We've dedicated a specific analysis to the map of the Italian premium market, district by district.
Why those who buy a luxury property in Italy misunderstand the role of the notary
In the Anglo-Saxon system, the professional who handles the closing works for you. A conveyancing solicitor or an settlement attorney has a specific mandate: to protect your interests.
The Italian notary operates on a completely different basis. He or she is a public official appointed by the state. His or her role is to guarantee the legality of the deed and its enforceability against third parties, not to protect the negotiating position of one of the parties. The National Council of Notaries defines this function as a preventive control of legality.
The buyer chooses the notary and pays him. But the notary serves the state. This is the first thing to understand before signing any document.
What the notary verifies, and what remains the buyer's responsibility
The notary verifies identities, establishes ownership of the property, and checks for prejudicial formalities such as mortgages, foreclosures, and registrations. He or she verifies the existence of pre-emptive rights and easements, conducts anti-money laundering checks, collects taxes on behalf of the Treasury, and registers the deed in the land registry.
What it doesn't do: perform technical and commercial due diligence on the property. It doesn't assess the fairness of the price. It doesn't verify the state of conservation. It doesn't conduct investigations into the urban planning history beyond its certification obligations.
For a €300,000 apartment, the distinction is of little importance. For a historic home with Superintendency restrictions, complex provenances, and cadastral issues layered over time, it's the difference between a solid purchase and a decades-long dispute.
The specifics of luxury real estate in Italy
The luxury segment has characteristics that are not found in other European markets.
Cultural restrictions. Historic villas, noble palaces, and period residences may be subject to restrictions under the Cultural Heritage Code. The restriction entails the State's right of pre-emption: the public body has 60 days from the date of notification of the deed to exercise its pre-emption right and purchase the property under the same conditions. Until that time, the deed is subject to a suspensive condition. This process lengthens the process and must be planned in advance.
Donated origins. An asset received through donation has a delicate legal history. Verification of provenance is essential for any high-end purchase, where properties often pass through successions and family donations over time.
Land registry and urban planning compliance. Historic homes often exhibit irregularities accumulated over generations: extensions, changes in use, and unresolved internal works. The notary requires declarations of compliance, but the substantive technical verification is the responsibility of a professional appointed by the buyer.
Taxes on a luxury property in Italy
The tax burden varies substantially depending on the cadastral classification and the residence of the buyer.
For private purchases, the registration tax is 2% of the cadastral value for primary residences, with the obligation to transfer residence within 18 months. It increases to 9% for secondary residences and for non-residents.
Here's the point that surprises almost everyone. Properties classified as A/1 (luxury homes), A/8 (villas), and A/9 (castles and palaces of eminent value) are completely excluded from the first-time homebuyer tax breaks. No residency requirement makes them applicable. The rate remains at 9%.
When purchasing from a builder, VAT is 4% on primary residences and 10% on secondary residences, rising to 22% for categories A/1, A/8, and A/9. Mortgage and land registry taxes are €50 each for private purchases and €200 each for VAT-registered purchases. The notary fee is proportional to the value of the deed and the complexity of the transaction.
The tax differential between an A/2 and an A/8 property of equal market value is significant. It should be identified during the budgeting phase, not at the time of the deed. Those transferring their tax residency can also evaluate the new residents' tax regime: we discussed this in the guide to the flat tax for new residents. For the tax code, which is mandatory before any transaction, the contact person is theRevenue Agency.
How to choose a notary for a high-end purchase
In the luxury market, a notary isn't a bureaucratic requirement. He or she is the professional who ensures a multi-million euro transaction is legally sound and who coordinates, during the most delicate phase, the interaction between tax advisors, experts, banks, and counterparties.
For those arriving from abroad, three elements make a concrete difference.
- Language. The deed must be read in its entirety before the parties. If one of them does not speak Italian, the law requires the presence of a sworn translator. A notary who speaks English allows the client to truly understand what they are signing, not just hear a translation.
- The cross-border experience. Verification of reciprocity for non-EU citizens, management of notarized power of attorney from abroad for those unable to attend the deed, coordination with the tax code, and implications for tax residency.
- Management of constraints. Superintendency preemption, donations, and condominium issues in historic buildings.
One final, often crucial, factor: the ownership structure. Direct ownership, a limited partnership, or a trust have very different tax and inheritance consequences, and the choice must be made before the deed of sale. Changing it afterward requires a new deed and new transfer taxes.
Let's talk about it
The Spinaci Notary's Office, located in Rome at Via Antonio Bertoloni 27, assists international buyers with luxury real estate transactions. Notary Federica Spinaci speaks both Italian and English.
For a confidential preliminary consultation, you can call 06.807.0943, write to spinaci@notariato.it , or contact us online by filling out the form below.
