Purchase Process

Find out how easy it is to buy a house in Italy

The process for buying a property in Italy is very straightforward and can be hassle-free when working with a qualified partner like MinItalien Property

Purchase Process in easy steps

Choose your dream home on MinItalien Property, our real estate portal. Contact the seller via the Contact Form. Ask for all the information you want. He will be really happy to satisfy your requests.

Have you made your choise? Well! Book a visit now. Come and visit the house and surrondigs

If you need even more details on the property, you can also appoint a technical/administrative consulting by Architect, Engineer or Surveyor about a Property Inspection

Now that you are ready, to buy your new home in Italy you will need:

a) Passport

b) Italian tax code.

In Italy to buy a house you need an Italian tax identification number: the Tax Code (Codice Fiscale). You also need this for the activation of all utilities (water, electricity, gas, waste, internet etc). To get this number, you can simply commission the Italian notary who will make the deed of sale, or you can contact the diplomatic mission of your country of origin, or go to the nearest office of the Italian Revenue Agency.

Agree the payment ways in advance with the seller. You have two possibilities. You can pay by SEPA bank transfer or by cashier’s check issued by an Italian bank. In the latter case you need to open a bank account in an Italian bank.

If you contacted a real estate agency to purchase your home, you have to make a purchase proposal. This is usually a pre-printed template on real estate company letterhead. The purchase proposal is an official written offer, along with a down payment of the purchase price which symbolizes your serious interest.

The purchase proposal is an agreement between a potential buyer and the seller, with which the former expresses his will to buy the property at a given price and by a certain date.

The real estate agent will submit your proposal to the seller who can accept or reject. If the proposal is rejected by the seller, the deposit will be returned to you. If, on the other hand, your proposal is accepted, the seller will collect the deposit. The acceptance of the Purchase Proposal usually takes place through the seller’s subscription of your  proposal.

Once the seller signs it accepting the price offered, this means that he agrees not to sell the property to anyone else until a certain date.

The purchase proposal, signed by the parties, is already a legally binding relationship between the parties.

After signing the purchase proposal, the Compromesso or the Rogito will be signed

If, on the other hand, you buy from a private owner, you can immediately stipulate the Compromesso or the Rogito.

Now you can decide according with seller whether you want to make the preliminary deed of sale (Compromesso) or if you want to proceed immediately with the final deed of sale (Rogito)

With the preliminary deed of sale (Compromesso), the seller and the buyer undertake to conclude a subsequent contract, called ROGITO.

The Compromesso commits the seller and the buyer to conclude the transfer of ownership of a property, through the drafting of a future definitive contract (Rogito).

The Compromesso never transfers ownership of the property but is a legally binding document.

Usually in Italy the Compromesso is stipulated to give the buyer time. For example: the buyer needs time to get money on loan from the bank.

Upon signing Compromesso, the buyer must pay the seller a deposit, called “caparra confirmatoria” on the final sale price. It usually corresponds to 10% of the purchase price.

Once the buyer and seller have signed the Compromesso, no one can withdraw. Furthermore, the Compromesso establishes the conditions of the definitive deed (Rogito).

In the event of violation of the Compromesso, the relevant legislation provides for consequences from an economic point of view.

The Compromesso must be drawn up in writing, according to Italian law. The document must be signed by the seller and the buyer; in the event that one or both parties are in community property, the signature of the respective spouses must also be affixed.

So what are the contents that cannot be missing from the Compromesso?

– the personal data of the seller and the buyer.

– the ownership title of the house

– the willingness of the seller and the buyer to conclude the negotiation;

– the date on which the Final Deed (Rogito) will be stipulated.

– the detailed description of the property:

Address and characteristics of the property will not be missing, such as the number of rooms and the type of home. The cadastral surveys, the rooms plan, the building permits (necessary for properties that were built after 1967) and the APE, the energy performance certificate will also be attached to the document;

– the price agreed for the sale.

– the payment methods

Finally, completing all the elements of the Compromesso, there is the penalty. If envisaged, the clause provides that in the event of non-fulfilment, those who have not complied with the terms of the contract pay compensation to the other party.

There are 2 ways to stipulate the Compromesso.

1. Compromesso as Private Deed

Compromesso is drawn up and signed privately by the parties.

In this case the parties can also appoint a Notary to authenticate their signatures. But it’s not mandatory. In this case, the parties will autonomously register the Compromesso

2. Compromesso as Public Deed

Compromesso is drawn up by the Notary and signed by the parties in the presence of the Notary himself. In this case the Notary will register the Compromesso.

The Notary is always chosen by the buyer in Italy.

You can also instruct the Notary to carry out technical/administrative checks on the property.

For example, the Notary will verify: presence of any debts, mortgages, defects and evictions on the property, cadastral and urban planning regularity of the property, ownership and origin of the property. In Italy, these checks must be carried out for the twenty years preceding the stipulation of the deed.

After signing the Compromesso, it usually takes 30/90 days to sign the Final Deed (Rogito)

This is the last step to complete the purchase. With the Final Deed, the ownership of the purchased property is transferred. The definitive deed of sale (Rogito) is stipulated with the Notary (chosen by the buyer), who has verified and prepared in advance all the necessary documents.

The main checks that the Notary should perform are:

presence of any debts, mortgages, defects and evictions on the property, cadastral and urban planning regularity of the property, ownership and origin of the property.

In Italy, these checks must be carried out for the twenty years preceding the stipulation of the final deed.

What are the essential contents of the Final Deed?

If you have already stipulated the Compromesso, the Rogito will fully report all the contents of the Compromesso.

If, on the other hand, you have not made the Compromesso, the Rogito must contain at least:

– the personal data of the seller and the buyer.

– the ownership title of the house.

– the detailed description of the property:

the address and characteristics of the property will not be missing, such as the number of rooms and the type of home; The cadastral surveys, the rooms plan, the building permits (necessary for properties that were built after 1967) and the APE, the energy performance certificate will also be attached to the document;

– the selling price.

– the payment methods

On the day appointed for the Rogito, the seller and the buyer will go to the Notary’s office. Here the Notary will read the deed aloud, which will then be signed by the buyer, the seller and the Notary. You can also be represented by a trusted person after signing a notary power of attorney.

In the case of co-ownership, the Rogito must be signed by all the co-owners, or by their representative who has been granted a notary power of attorney.

After signing, the final deed will be registered in the Italian Real Estate Registry – Conservatoria dei Registri Immobiliari, and in the Italian Land Office – Catasto. You will have a certified copy of the contract and the attached documents after the deed is registered. The original contract is kept by the Notary.

Now you pay the balance of the agreed purchase price, according to the agreements previously made with the seller.

The costs (notary’s fee, deed of sale, secretarial fees and charges) are payed by the buyer.

You can pay with a cashier’s check issued by an Italian bank or with an immediate bank transaction.

Congratulations! You are now the new owner with immediate access to the property. The Notary will give you the keys to your new home!

Toast now with a good Italian wine!

Costs and more

What costs do I have to face when buying a house in Italy in addition to the purchase price? What is the real estate Agency’s commission? Who pays the Notary? What are the expenses to be faced after the purchase? Discover all

How much does it cost?

In Italy the Real Estate Agency commission is paid by both the buyer and the seller. This is not divided.

The commission usually varies between 2% and 4% + VAT (22%) of the purchase price. This may depend on both the city and the real estate agency chosen.

When do I pay?

The Real Estate Agency gets paid at the conclusion of the deal, according to article 1755 Italian Civil Code

The Notary is a public official who protects compliance with the law both the buyer and the seller. The Notary is choised by the buyer.

The costs of the Notary payed by the buyer.

You can find a Notary on the institutional website Notariato.it. Indicating the city where you want to buy a house and ask for quotes.

It is very difficult to say how much a Notary’s fee amounts to. The fee can also vary greatly from city to city and even within the same city. So it is better to ask for quotes from several Notaries

The first expense to be addressed is the Registration tax. It is calculated on the purchase price of the property, therefore it is variable. You pay 0.50% on the deposit you paid.

The Transcription tax: the current cost is equal to 200 euros;

The Transcription fees: equal to 35 euros.

 

The Compromesso should always be registered at a tax office; the deadline indicated is 20 days.

The Compromesso  must be printed in triplicate; the original must be signed and validated with a 16 euro tax stamp  for each single copy of the act. 

 

The Compromesso includes:

a certified copy of the APE, with a € 16 tax stamp.

maps and cadastral records, each with a € 2 tax stamp.

a copy of the F23: proof of payment at the post office or bank.

Form number 69: to register the Compromesso

In addition to the Notary’s fee, those who buy a house in Italy must also pay taxes for registration.

In Italy, these taxes are calculated on the cadastral income of the house, multiplied by 126. This value is significantly lower than the commercial value.
The cadastral income is a parameter established by the Italian Tax Agency. The cadastral income varies from municipality to municipality and also depends on the type of house (apartment, villa, new construction, old construction, etc).
So, if you buy a property for residential use that is not the first home, the deed of sale is subject to the following taxes, whether the seller is a private individual, or a construction company that sells after 5 years from the date completion of the works:

– no VAT ;
– registration tax of 9%;
– mortgage tax of 50 euros;
– cadastral tax of 50 euros.

For example, if you buy a house for € 100,000.00, with a cadastral income of € 300.00, you will pay the registration tax as follows:

euro 300 x 126 = 37,800.00
37.800.00 x 0.09 = 3.402.00

So you will pay:
– registration tax = € 3,402.00
– mortgage tax of 50 euros;
– cadastral tax of 50 euros.

If you don’t already have other houses in Italy, you can also buy with first home discount formula. In this case the taxes are lower:

-no VAT
– registration tax of 2% (with the first home discount you pay only 2% and not  9%). The tax is calculated on the cadastral income (multiplied by 115.5 and not on the purchase price);
– mortgage tax of 50 euros;
– cadastral tax of 50 euros.

So if you buy the same house of € 100,000.00 as first house in Italy, you will pay:

euro 300 x 115.5 = 34,650.00
34.650.00 x 0.02 = 693.00

So you will pay:
– registration tax = € 693.00
– mortgage tax of 50 euros;
– cadastral tax of 50 euros.

 

Remember that if you buy as a first home, you must move your residence within 18 months.

 

Please note that all the taxes list above are valid as a general rule. However, we strongly advice to verify with Notary

Purchase subject to VAT (Value Added Tax). In the case of the seller is a Developer  or Restructuring  Company that sells within 5 years from completion of work or that sells after 5 years from completion of work and opts to charge VAT on the sale:

 

– VAT (applicable on the purchase price agreed and stated in the act by the parties): – 4% for primary home; – 10% for second home; – 22% for luxury home.

 

– Registration tax: € 200 (fixed rate)

– Mortgage tax: € 200 (fixed rate)

– Cadastral tax: € 200 (fixed rate)

– Duties: € 230 (fixed rate)

– Mortgage fee: € 35 (fixed rate)

– Cadastral fee: € 55 (fixed rate)

 

Please note that all the taxes list above are valid as a general rule. However, we strongly advice to verify with Notary

The cost of maintaining a property in Italy is much easier to calculate. They are: IMU and Tari.

1. IMU – Municipality Tax

If your property in Italy is your main residence, and you live here for more than 6 months in a year then you do not have to pay this tax.

However if the house is categorized as luxury, you should pay it anyway, regardless the fact that is your main residence.So, also if the property in Italy is your second house, you should pay this tax.

It is calculated with this formula

Cadastral income + 5 per cent x cadastral coefficient

 

2. TARI

This is the tax regarding the waste collection. It should be paid only once in a year and it includes a fixed fee based on the square meters of the house, and the number of people living in that place.

For this tax you will receive a letter straight at your house address.

 

These taxes may vary from town to town, from case to case, and depending on different situations.

So we recommend the buyer to chek the exact rate applied by every municipality on each one of these taxes

These are electricity, water, gas for heating, phone, fiber, etc. Usually you pay a fixed fee every one/two months, plus payment for utilities used.

If you buy a property which is part of a condo you will pay also condo expenses. Usually you can know these costs on the real estate listings.

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