FAQ

1

Can foreigners buy real estate in Italy?

Italy is really open to foreign investors who wish to buy a property. In some rare case, there are some restrictions that are related to the Country of origin for a buyer non-EU citizen. You can ask our Lawyer if you, as a foreign citizen, can buy a property in Italy.

2

How can I find a property in Italy?

Usually, the buyer purchases an Italian property through the brokerage of a real estate agency. To have greater legal protection is strongly suggested to rely on a lawyer service. The lawyer behaves in the interest of the party from the negotiation of the contract until the notarial deed.

3

How can I avoid problems and mistakes during the process of a property?

Linguistic barriers, a lot of documentation to collect and to examine, negotiation with the counterpart, can bring to unpleasant situations. The above inconvenienced could have serious consequences. The best way is to sign a legal preliminary contract with the proper due diligence that a real Estate Law Firm can offer. The lawyer is always synonymous with a guarantee and legal protection for the party who requests his services.

4

I do not have sufficient time to travel to Italy. Can I buy a property in Italy being abroad?

If granted the lawyers have the power to do all the activities on the behalf and interest of the client, from the preliminary phase until the closing with the key of the property in their hand. A Power of Attorney (PoA) gives someone else the capacity to legally represent you in one or more undertakings, including the purchase of a property in Italy. You can give an Italian attorney or any other trusted individual.

5

Is the Italian Real Estate Sector Safe?

Italy is a country of great natural beauty with incomparable heritage. The country is geographically well-positioned and offers its residents economic stability being a founding member of the European Union, member of Euro, having top healthcare services, great education facilities, and luxurious, stylish and active lifestyle. In addition, for foreigners, no capital gains tax is levied if the property is sold after five years or is your secondary residence. Hence, the purchase process is not so different from Spain or France. The real estate sector is safe regulated by Italian law. The safe regulated real estate sector need that a foreign investor has and obtains the correct legal assistance of an Italian real estate lawyer.

6

How long is the purchase process?

If no particular problem arises, after legal checks and due diligence carried out by a real estate lawyer, the purchase process can be completed in 1 or 1 month and a half.

7

Do I need to have a Tax Code to close the deal?

If you wish to buy a property in Italy you will need a Codice Fiscalce or Fiscal Tax Code. It is an identification code calculated on the basis of your surname, name, place, and date of birth. The Italian Fiscal Tax Code you will need to perform many transaction and deal with the Authorities.

8

Do I need to open an Italian bank account to purchase a property in Italy?

Generally, it is not mandatory to have an Italian bank account. But having it simplify the transfer of funds. Please be aware that also no- Italian residents can open a bank account in Italy.

9

Should I use the service of a real estate agent?

Many investors find it easier contact a real estate agent because of a lack of time and contacts. Normally, the commission is 3% of the purchase price. Before hiring a Real Estate Agent you should check if he/she is registered at the local Chamber of Commerce.

10

Why I need the service of a Lawyer and Italian Public Notary?

Many people ignore the main difference between an Italian lawyer and an Italian Notary Public. The Italian legislation attributes to a Public notary the final, last and neutral role in the purchase process. Linguistic barriers, international legislation require a highly qualified lawyer that advises in all the previous necessary steps involving in the process of the property purchase. Besides a lawyer takes care only the clients’ interests.

11

Can a Foreigner get an Italian mortgage?

It could be possible to obtain a mortgage in Italy but the conditions are stringent and we can verify case by case because it depends on form many factors such as residence, age, employment, financial and marital status.
You can contact us to check and study the case.

12

I need to sign a preliminary contract of purchase?

The most common practice is that the parties agree to sign a preliminary contract of purchase. The preliminary contract is legally binding under Italian law. You should seek the assistance of a real estate lawyer to drafts the preliminary contract. He knows all the safeguards clauses to protect your interest and investment. If you sign a preliminary contract of purchase and, for your personal choice, cannot complete the purchase, you will lose your deposit. Only in some circumstances, although rarely, the seller may also be in a position to take the buyer to court to seek, additional financial compensation.

13

Do I need an interpreter during the signature before the notary?

The Italian law requires if the foreign buyers do not know or are not fluent in the Italian language the service of a bilingual Italian lawyer or at least an interpreter at the moment of the signature. Our advice is not only to verify that the interpreter is duly qualified from a linguistic and legal point view, but also that the translator is not acting in conflict of interest. The interpreter shall be enlisted in the list of foreign-speaking professionals at the Courts. It is also advisable to avoid that the Interpreter translates all the deeds involved in the process of the property purchase. We can advise you on the matter.

14

I would like to hire a lawyer, the seller or the real estate agent told me that I do not need or they can provide me with one.

You can use your legal lawyer and sure you can personally check if it could arise a problem of conflict of interest.

15

I do not understand the Italian language, Should I sign the deed in both the Italian and English language?

In general, if the parties are from different countries and one does not speak Italian, the counterpart could ask both versions. The problem could arise if the translation is not accurate and in this way you should seek the assistance of a bilingual and real estate lawyer. Besides, the Final Deed of Purchase always requires the Italian language form. Our advice is that you should never sign any legal agreement without the advice of a qualified, bilingual Italian lawyer who can explain, in your language, the full scope of your commitment.

16

What Legal consequences have if I cannot complete the purchase after having signed a preliminary contract with a deposit?

If you have signed a preliminary contract probably you will lose the deposit. This deposit will not be returned if you wish to withdraw from the process of acquiring the property. You could seek the assistance of a real estate lawyer if you could be in a position for asking the deposit back.

17

I am not married, my partner is purchasing an Italian property in his/her name.

In the vent that the owner dies without a legal Italian will, the property will be inherited according to the law of last residence or the rules of the Italian legal succession (read below).

18

Do I need an Italian Will for my Italian Property?

It is highly advisable to draft an Italian Will assisted by your Italian lawyer to limit the consequences of "legal succession". "Legal succession" applies where the deceased has not left a Will, and in such a case the Italian law determines which relatives of the deceased have the right to succeed (primarily the spouse, the legitimate and natural children, and the ascendants). In the case of a lack of heirs, according to Italian law, all the hereditary property assets located in Italy would be assigned to the Italian State.

19

I wish to renovate my Italian property. I need a contract with the building company?

Before starting renovation works is necessary that you comply with all the Public authorizations required by National and Local legislations. It is highly recommended to have a contract with the building company drafted by a real estate lawyer. The building contract will regulate, timing, insurances, duties, and responsibilities. The building contract can protect your interest and keep the costs under control.

20

In case of renovation works, I have to be in compliance with Italian and Municipality regulations?

Renovation works can be stressed because of a huge number of regulations (and at a different level: National, Regional and Local), time to obtain licenses, other professionals involved in the matter (Engineering, Architects, Geometra, Building company etc.). In this matter is extremely and necessary important in order to avoid stress, save time and money that you hire a real estate and administrative lawyer that assist you in all the process and secure your investment.

21

What is the free legal advice of c_legal?

Free legal advice is suggested for those who do not need personal legal assistance but have only some legal doubts. The legal opinion can clarify the aspect of the doubt.

22

After free legal advice, am I obliged to hire c_legal attorneys?

After receiving free legal advice, you are not obliged to hire us. Should you wish to receive highly personalized advice or legal assistance, we will inform you in advance about our fees.