Safe real estate transactions in Italy

Safe real estate transactions in Italy

We are a team of international lawyers who have been handling real estate transactions in Italy for over 5 years. Our services include assistance in searching for a property and comprehensive legal services for both private clients and business.
We are a team of international lawyers who have been handling real estate transactions in Italy for over 5 years. Our services include assistance in searching for a property and comprehensive legal services for both private clients and business.

4 steps to enjoy you dream Italian home

Search
for a property

Based on the Client’s preferences regarding location, surface area, budget, distance from the sea/mountains/airport and other requirements, we search for offers of houses and apartments that fulfill the Client’s criteria or contact the Client’s real estate agency.

Legal services
from A to Z

This is the most essential part of our work. We investigate the legal status of the Italian property, including transaction documents, as well as take charge of contacting and negotiations with a real estate agency or seller. We also arrange for an expert surveyor to check the technical condition of the property in Italy.

Representation at the notarial office in Italy

Acting on the basis of the power of attorney granted to our lawyers, we bring the transaction to an end and represent clients at the notarial office before the Italian notary public. We organize all the documents required to complete the transaction, including certified translation and apostille clause.

Verification of legal status of the property

Based on the guidelines given by the Client, we search for real estate offers in Italy that meet the Client’s expectations.

With the information and documents obtained from a real estate agency or sellers, we assess the legal status of a property, so that we can proceed with negotiations and make an offer to purchase your dream property in Italy.

We provide legal support throughout the entire process of purchasing a house or apartment in Italy

Services for private clients interested in real estate in Italy

Verification of the legal status of the property in Italy is one of the most crucial stages of the entire real estate project. It involves, in particular, documents and registers check to confirm that the property is not encumbered by mortgages or that no other restrictions exist, such as easement of lifetime habitation or lease agreement, which would make the transaction difficult or impossible.
With the tools available at our disposal, we are able to verify average property purchase prices in a particular region of Italy, where the Client plans to buy an apartment or house to check whether the price demanded by the seller is not excessive. This will allow our clients to strengthen their negotiating position.
We conduct negotiations on behalf of our Clients. Our partners bear in mind that merchant traditions in Italy are strong, but our efforts have already allowed us to reduce the offered price on many occasions.
On behalf of the Client, we search for a local surveyor who verifies the conformity of the property with the plans filed with the Municipality (Comune) as well as compliance of the building and systems with technical regulations and Italian local law. This reduces the risk of buying an unpermitted construction or a building without connected utilities.
We assist in preparation and examination of all transaction documents, including the offer to purchase a property and draft contract prepared by an Italian notary public.
On behalf of the Client we apply to the Italian tax authority for assigning the Italian tax identification number, which is required to complete the transaction.
Having received the instruction from the Italian notary public, we prepare the content of the power of attorney to be granted by the Client to our lawyers before a notary public in Poland. Then we have it translated by a sworn translator, legalized and apostilled.
Due to our fluency in Italian, we represent our Clients at the notarial office in Italy without the presence of a certified translator (which streamlines the transaction and reduces its cost).
Having purchased a property in Italy, it is necessary to assign or conclude new contracts for supply of utilities (water, electricity, etc.), as well as to inform the housing association that a property has a new owner. We assist our Clients in completing all the above-mentioned procedures.
We assist Clients in application for a mortgage loan for the purchase of a property taken out at a bank in Italy. We contact our Clients with Italian financial consultants and help them collect all the necessary documents.
Are you planning to relocate and settle in Italy, but are doing business in Poland? Our partners will advise you what type of business to choose and what are the related tax implications. We can also help you arrange the services of an Italian accounting office.
Are you planning a major renovation or remodeling of a property purchased in Italy? Our experts will guide you through the entire construction process, helping you with reporting the construction works to competent authorities, finding a construction team and as-built acceptance.

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Why invest in Italy?

The main advantages of buying real estate in Italy are attractive prices compared to other Western European countries, as well as stable legal system in terms of property ownership and owner’s protection.

Italy also has a developed economy, good transport connections and infrastructure and you can get there quickly by car. It is perceived as an attractive country with rich cultural and artistic heritage, beautiful landscapes and friendly climate. Italy also offer the options to rent out a purchased property or to revitalize it.

Services for companies

Buying a property in Italy may be one of the major investments your company will make in the nearest future.

Our law firm supports clients in the course of the entire transaction process, assisting them in choosing the right legal form as well as investigating the legal and tax aspects of their venture.

Working with us, Clients avoid unnecessary risks and protect their investment.

Production plants
Warehouses
Commercial premises
Hotels
Agricultural real estate
With the tools available at our disposal, we are able to verify standard transaction prices in Italy for a particular property located in a given region. This will allow our Clients to strengthen their negotiating position and better budget the deal.
In cooperation with our Italian partners, we advise on what legal form to choose for buying a property in Italy. We analyze the venture to assess the option of a purchase by a Polish entity versus opening a new company or a branch in Italy for this purpose, as well as determine the most optimal tax model.
We assist our Clients in all formal procedures, once they decide that the development of business requires incorporation of a new company in Italy or a branch of a foreign entrepreneur. We coordinate the activities between the Polish and Italian notary public, help with incorporation of the company/branch, registration for VAT or opening an Italian bank account.
Negotiating on behalf of our clients is one of our favorite parts of the whole transaction. The final decision is taken by the Clients, but we will be more than happy to support their business in negotiations with Italian contracting parties, keeping in mind Italian buying customs and Client’s business.
Verification of the legal status of a property in Italy is one of the most crucial stages of the entire real estate project. It involves, in particular, documents and registers check to confirm that the property is not encumbered by mortgages or that no other restrictions exist, which would make the transaction difficult or impossible
On behalf of the Client, we search for a local surveyor who verifies the conformity of a property with the plans filed with the Municipality (Comune) as well as compliance of the building and interior systems with technical regulations. In addition, we check whether the intended use of the property is in line with the Client’s investment plans in Italy.
We assist Clients in the process of preparing an offer for the purchase of a property in Italy, including the terms and conditions of the transaction. We examine documents prepared by the Italian notary public and assist the Client with granting the power of attorney, sworn translation and getting an apostille clause in Poland.
We assist our Clients in taking out a loan for the purchase of a real estate in Italy. We coordinate contacts with the bank, collect documents required by the bank for credit decisioning and organize the process of signing a loan agreement.
In addition to verification of transaction documents in your home country and in Italy, we coordinate the circulation of information and documents. We help you collect, legalize and translate documents required by Italian law to purchase a property.
If you plan to upgrade, renovate, remodel, change the use of a property, we will assist you in contacts with an Italian (land) surveyor.
A real estate investment in Italy will obviously trigger tax implications for your business. Our experts will guide you by helping with the entire Poland-Italy tax process.
Once you start your business, you can count on our support in handling your accounts and taxes in Italy. A recommended Italian accounting firm will take care of book keeping and proper circulation of documents and information with accountants in your home country.

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Find out more about the process of buying a real estate in sunny Italy

Meet our international team

Our project is a combination of experience of Studio Legale avv. Emilia Kruk (Genoa/Italy) and Szymański & Wyjatek Adwokaci (Poland/Italy). We are an international law firm that has been handling real estate transactions in Italy for over 5 years. Our services include assistance in searching for a property and comprehensive legal services in the course of the purchase transaction, both for private clients and business.

Avv.

Emilia Kruk

Genoa, Italy

An Italian lawyer running a law firm in Genoa

A graduate of Università degli Studi di Genova

She grew up in Italy so she is well acquainted with Italian culture and customs, which is helpful when it comes to the proper approach to the transaction

She specializes in investigating the legal status of Italian real estate and verification of transaction documents as well as negotiations with the seller

She is fluent in Italian, English and Polish

Adw.

Michał
Wyjatek

Genoa, Italy
Poznan, Poland

Partner at Polish law firm Szymanski & Wyjatek Adwokaci specializing in provision of legal services for Italian companies

Scholarship holder at the Università degli Studi di Genova and then worked for a law firm in Genoa

He represents clients during notarial deeds in Italy and coordinates the real estate sales transaction before Italian notaries public

He is fluent in Italian, English and Polish

Avv.

Diego
Baroni

Milano, Italy

Italian lawyer and partner in Studio Legale Blasi - Baroni - Frigo Avvocati (Rome/Milan) law firm

A graduate from Università degli Studi di Bergamo and Università Commerciale "L. Bocconi" where he specialized in international tax law

Expert in Italian and international tax law

He supports our clients in all issues concerning tax implications of real estate purchase in Italy, in particular as regards the change of tax residence

He is fluent in Italian and English and speaks basic Polish

Avv/Legal Counsel

Paulina
Sewerzyńska

Parma, Italy
Warsaw, Poland

Polska radczyni prawna posiadająca tytuł avvocato stabilito we Włoszech gdzie prowadzi kancelarię Italia Legal

Ukończyła prawo na Uniwersytecie Warszawskim oraz studia LL.M. na Uniwersytecie w Bolonii

Ekspertka z zakresu włoskiego prawa budowlanego

Biegle włada językiem włoskim, angielskim i polskim

Customer Advisor

Iwona
Kruk

Ovada, Italy

Assists clients in the search for a property

She has lived in Italy for more than thirty years

Extensive knowledge of Italian language, culture and real estate market

Fluent in Italian and Polish

Completed projects

FAQ

First, it is necessary to apply for an Italian tax identification number (codice fiscale). Then, assuming that the Client is represented in the course of the transaction, it is necessary to grant the power of attorney before a Polish notary public in line with the instructions given by the Italian notary public. The power of attorney then needs to be legalized, translated by a sworn translator and apostilled. The remaining documents required for the transaction will be prepared/obtained by us.
No. European Union citizens have the same right to purchase real estate in Italy as Italian citizens.

Do kosztów związanych z procesem zakupu nieruchomości we Włoszech należy w szczególności zaliczyć:

  • wynagrodzenie notariusza;
  • podatek (2% lub 9% w zależności od tego czy nieruchomość kupowana jest jako tzw. „prima casa” czy jako „seconda casa”);
  • wynagrodzenie agencji pośrednictwa nieruchomości;
  • koszty dodatkowe jak np. wynagrodzenie geometry badającego stan techniczny nieruchomości;
  • wynagrodzenie tłumacza przysięgłego za tłumaczenie dokumentów;
  • opłaty urzędowe za legalizację dokumentów.

The purchase of a property in Italy involves payment of a tax, which is collected by the Italian notary public at the rate of 2% for a “prima casa” and 9% for a “seconda casa”.
Important notice, the tax due is not calculated on the market value of a property, but on the cadastral value, which is significantly lower than the transaction price. The cadastral value is calculated based on the cadastral income (rendita catastale), which is shown in the land and mortgage register kept for the property.

The value can be calculated using the formula:
Cadastral value = cadastral income x 1.05 x 120

The Italian revenue agency provided the following example how to calculate the tax due:
The cadastral income of the property recorded in the land and mortgage register is EUR 900. The real estate is sold for EUR 200,000.00.
To calculate the tax due for “seconda casa” (i.e. 9%) it is necessary to perform the following operations:
EUR 900.00 x 1.05 x 120 = EUR 113,400.00
Thus, the tax due is: €10,206 (113,400 x 9%).

It is easy to notice that if the tax due was calculated incorrectly on the transaction price, it would amount to EUR 18,000.
The base for calculating the cadastral value can be found in the land and mortgage register kept for the property in question, however there is no single formula how it is determined. It may vary depending on the type and location of the property in Italy. As an interesting side note, the cadastral value of villas in Portofino, where real estate prices are among the highest in Italy, is very low, as originally the buildings were registered as fisher houses.

In short, “prima casa” is a property where you plan to settle with the intention of registered permanent residence. It also involves moving your tax residence and paying taxes in Italy. However, such a decision requires special tax analysis whether it is beneficial. It is worth noticing that you may own real estate in Poland or in any other country to benefit from “prima casa” regime.

“Seconda casa”, i.e. the second home, means a summer house or one of the assets in your estate, but you do not plan to settle there.

Moreover, the owner of a “seconda casa” also has to pay L’imposta municipale unica (IMU), i.e. real estate tax, the rate of which is determined by the Municipality, where the property is located.

Of course. In fact, our clients often resort to this solution with their real estate investments. You can deal with rental on your own, or you can employ one of many professional agencies that will charge you with approximately 30% commission.
Legal status and technical condition are by far the most important issues to check when buying a property in Italy. When examining the legal status, it is important to note whether the previous owners acquired the property by inheritance or under a sale agreement. It is also necessary to check whether it is a so-called “nuda proprietà,” i.e. a property encumbered with easements similar to the Polish easement of lifetime habitation. As for the technical condition, it is always a good idea to obtain the opinion of an Italian surveyor to check a real estate for compliance with designs on files at the Municipality (Comune) and to verify whether it is not an unpermitted construction. It is also necessary to check the energy efficiency certificate of the property in question, which is prerequisite for the notarial deed to be concluded before the Italian notary public. It is also worth checking whether the property has a certificato di agibilità, which is a document confirming that the property meets safety, health, hygiene and energy efficiency requirements. However, this document is not mandatory, and many properties do not have it.

The duties and obligations of the new owner of a property in Italy:

  • Notification of the housing association of the purchase of real estate;
  • Signing contracts with providers of supplies (gas, electricity, water);
  • Submission of a copy of the notarial deed to the Italian Municipality (Comune) for tax purposes;
  • Registration in the local Municipality (Comune) for payment of fees for waste disposal;
  • Payment of IMU tax by owners of “seconda casa” real estates;

Yes, however, such a possibility and procedure depends on the policy of the Italian bank. You will certainly have to answer rather detailed questions of the bank necessary to assess the borrower’s creditworthiness. This is because the Italian bank will have to verify the sources of income earned in your country.

Another alternative is to take out a cash loan in your home country for any purpose and use the funds to purchase real estate in Italy.