Buying a home in Italy is an exciting step, but to many international buyers the legal process can seem confusing when it’s quite different from what you’d expect in the UK, US or elsewhere. In particular, what is a notary in Italy and what part do they play in the buying process?
One of the key players in your Italian property journey is the notary – a legal professional whose role is essential in ensuring your purchase is safe and legally sound.
This guide walks you through what a notary does, why you need one and how they help you from offer to ownership. While no legal process is completely free of paperwork, Italy’s notarial system is designed to ensure every step complies with national law. However, they are there primarily to uphold Italian law, NOT your own interests whether as buyer or seller.
Contents
- Do you need a notary to buy property in Italy?
- What Italian notaries check before a sale
- Choosing the right notary in Italy
- Understanding the preliminary contract
- On completion day: signing the deed of sale
- Escrow accounts and safe payment methods
- Do you also need an independent lawyer?
Do you need a notary to buy property in Italy?
Yes. Whether you’re an Italian resident or an overseas buyer, using a notary (notaio) is a legal requirement. Every property sale in Italy must be finalised through a deed of sale (rogito), and this contract must be signed in the presence of a notary. Without this, the transaction isn’t legally valid.
But a notary doesn’t just witness paperwork. Appointed by Italy’s Ministry of Justice, they act as highly trained public officials responsible for verifying the legality of your transaction.
Unlike a solicitor or estate agent, a notary is neutral. They’re not working for the buyer or seller – they’re accountable to the law and to both parties. That said, since it’s usually the buyer who pays their fees, you have the right to choose the notary yourself.
So while the process may feel unfamiliar, this legal safeguard works in your favour – especially when buying internationally.
What Italian notaries check before a sale
Before you can complete your purchase, the notary must verify that all legal conditions are met. Their checks are extensive – and for good reason. They help protect you from post-sale surprises like unpaid debts, illegal renovations or overlapping ownership claims.
Here’s what an Italian notary will typically investigate before allowing the deal to proceed:
- Confirming the seller holds full legal ownership and has the right to sell
- Checking for mortgages, liens, foreclosures or third-party claims on the property
- Ensuring the property conforms to planning and building regulations
- Verifying the cadastral (land) registry and maps match the property’s actual condition
- Making sure all service charges and local property taxes have been paid
- Collecting and paying the relevant purchase taxes on your behalf
- Checking if the property has protected status (e.g. historic or artistic interest)
- Complying with laws protecting buyers of new-build or off-plan property
- Ensuring a valid energy performance certificate (APE) is provided by the seller
- Documenting all agency fees and verifying that money-laundering rules are followed
If any issues arise, the notary will usually inform you and the seller so things can be resolved before reaching the final contract. You can also involve a lawyer if further negotiation or legal interpretation is needed. But if everything checks out, the purchase can proceed – sometimes in as little as six weeks from offer to completion.
Signed, sealed, delivered, it’s yours!
Choosing the right notary in Italy
Since notary fees are paid by the buyer, you’re entitled to select your own. But how do you choose the right one – especially if you’re buying from abroad and don’t speak fluent Italian?
Many buyers are referred to a notary by their estate agent. If the agent is reputable and has worked with the notary before, this can be helpful. But remember, it is never obligatory to accept the estate agent’s recommendation – it’s your money and your decision.
A good strategy is to search for a bilingual or English-speaking notary near your property. The easiest place to start is the official website of the Consiglio Nazionale del Notariato (National Council of Notaries), which lists professionals by town and province.
There is also a list via the British government website of English-speaking notaries.
Look for a notary who is:
- Experienced with overseas buyers
- Clear and communicative about fees and expectations
- Happy to explain the transaction in plain English or via a translator
- Located in the same region or province as the property
You can also request a fixed fee quote and timeline upfront. Generally, notary fees equate to around 1–2% of the purchase price, but it may be slightly higher for lower-priced properties. Ask how much is due upon instruction and what is payable at completion.
Understanding the preliminary contract
In Italy, property purchases usually begin with two agreements: first, a purchase proposal (proposta d’acquisto) and later a preliminary contract (contratto preliminare) – often called the compromesso.
The first is a document stating you’re ready to buy at a certain price. It’s only signed by the buyer and isn’t always binding. If the seller accepts, you’ll then both sign the compromesso – the real handshake deal.
This agreement lays out:
- The agreed sale price
- How and when payment will be made
- Any specific conditions or clauses
- The proposed date for final completion
At this point, you normally pay a deposit – often around 10%. This isn’t trivial. If the buyer pulls out, the seller has the legal right to keep the deposit. If the seller withdraws, they may have to return double the amount.
The compromesso can be drawn up privately or signed before a notary. Taking the latter route gives it greater legal weight – including the option to register the transaction so it’s noted in public records. That gives you protection in the gap between deposit and final signing – particularly if the seller loses legal ownership or receives a better offer from someone else.
On completion day: signing the deed of sale
The big day has arrived – it’s completion time. This is when ownership officially transfers and you become the legal owner.
You’ll meet at the notary’s office – often with your estate agent, the seller and a translator – to review and sign the final deed of sale (rogito notarile). The notary will read through the contract word for word and ensure that everyone understands the implications. If you don’t speak Italian, a certified translator must be present.
Only after everything is fully explained and understood, each party signs the document in front of the notary. This formal step is crucial, as documents without the notary’s official witness have no legal effect in property law.
If you’re unable to travel for completion, you can grant someone power of attorney to sign on your behalf. It’s a common choice for overseas buyers and can be arranged through a solicitor or even your translator if they are appropriately qualified.
It may take two to three hours, but once it’s done, you’ll walk away with the keys – and your name on the land register soon after.
Escrow accounts and safe payment methods
When it’s time to send funds for your property, safety should be front of mind. Italian law offers a secure system using escrow accounts managed by the notary – and we strongly encourage buyers to use this method.
Instead of paying the seller directly, you transfer the funds to the notary’s client account. The notary then verifies that all legal steps are complete before transferring the money to the seller. These escrow accounts are protected by Law 124/2017, shielding them from any creditors or third parties.
There is usually an extra fee for this service – around €200 – but it adds a valuable layer of protection. It’s particularly important if you’re making payments from abroad or you aren’t attending the final appointment in person.
The purchase price might be paid by bank transfer or Italian banker’s draft. Check with your notary which option they recommend and what timescales apply.
Do you also need an independent lawyer?
Technically, no – you aren’t required to appoint a lawyer when buying a home in Italy. Most Italian citizens rely solely on their estate agent and notary. However, for international buyers, particularly those unfamiliar with local customs or the language, hiring your own independent lawyer can offer peace of mind.
A lawyer can:
- Translate and explain contracts throughout the process
- Perform independent checks on ownership or planning compliance
- Review title deeds or flag up inheritance issues
- Communicate on your behalf if you’re not fluent in Italian
- Represent you if a dispute arises or if you can’t attend completion
Choose someone familiar with cross-border transactions and ideally located near your property. Not all lawyers will have local planning insight – so choosing a regional expert helps.
While this does add cost, many buyers feel it’s worth the extra spend to protect a major life investment.
Start your Italian property journey with expert help
At Your Overseas Home, we’ve helped thousands of buyers navigate the Italian property market confidently. From connecting you with approved notaries and local estate agents to answering your financing and tax questions, we’re here to make the process easy and safe.
If you’re ready to own your perfect home in Italy – or you simply want more advice before taking the next step – book a consultation with our team today.
