Due diligence on an Italian property: what to check

1. Owner and burdens: the mortgage register

The Agenzia delle Entrate says the first precaution is to buy from the lawful owner. Its mortgage-register search (ispezione ipotecaria) shows transcriptions (transfers, seizures), registrations (mortgages) and annotations (for example mortgage cancellations). The register is organised by person, so the chronological story of a property emerges only by checking the successive owners. It is public and open to all, but a search on a property you do not own is a paid service; online, the fee is the statutory rate less 20%. Land-book territories (Trento, Bolzano, Trieste, Gorizia and certain municipalities of Belluno, Brescia, Udine and Vicenza) are outside this online search. See the cadastral and register search guide.

The notary also searches for mortgages, liens and tax seizures before the deed. If something is found, the notariato says the price can be held with the notary and released only once a mortgage or seizure has been cancelled.

2. Cadastre: does the plan match the home?

A deed transferring an existing building must, on pain of nullity, give the cadastral identification and refer to the plans filed at the cadastre; the registered holders must declare that the cadastral data and plans match the real state, or a qualified technician may certify it (L. 52/1985, art. 29, para. 1-bis). The notary must identify the cadastral holders and compare them with the property registers. A corrected plan before the deed costs less than a nullity afterwards. Details in the guides on cadastral search and cadastral income.

3. Planning and building permits

For buildings whose construction began after 17 March 1985, deeds are void unless they state the particulars of the building permit or permit in retrospect (DPR 380/2001, art. 46). For earlier buildings, L. 47/1985 art. 40 asks for the licence particulars, and allows a sworn declaration for works started before 1 September 1967. The legitimate state of a property is defined by the permit that authorised it or the last permit covering the whole property, and for very old buildings by first cadastral survey data and other probative documents (art. 9-bis). Small deviations can be tolerances (art. 34-bis). The full picture is in planning compliance.

4. Habitability and energy certificate

Habitability (agibilità) is attested by a certified notice filed with the municipality’s one-stop shop after works, under article 24 of DPR 380/2001. The notariato’s checklist asks the seller for the habitability certification or proof that it was requested. Separately, the notariato says that for the sale of buildings with heating equipment an energy performance certificate (APE) is mandatory and often attached; see the energy certificate guide. The notary also verifies this.

5. Condominium

Ask for the condominium regulations and for the administrator’s statement that all charges are paid, with extraordinary expenses and pending litigation. Article 63 of the implementing provisions of the Civil Code makes a person acquiring a condominium unit jointly liable with the seller for the contributions of the current and the previous year, and the seller stays liable until a certified copy of the title reaches the administrator. The notariato notes the price can be partly held to cover seller debts.

6. Rights of third parties

The notariato’s checklist mentions possible option rights where the property is business premises, agricultural land or an apartment let under law 431/98. Its “classic” checks add public-housing covenants (buyer requirements or price caps), legal pre-emption rights and restrictions on assets of historical or archaeological interest. A tenant in place changes the purchase: ask for the lease, its registration and the rent in writing. If the home is not vacant at the deed, the parties can agree that the price is paid only upon delivery free of persons and things.

7. Hidden defects after the deed

Under article 1490 of the Civil Code the seller guarantees that the thing is free of defects that make it unfit for use or appreciably reduce its value; a clause excluding the guarantee has no effect if the seller in bad faith concealed the defects. Article 1495 requires the buyer to report defects to the seller within eight days of discovery (no report is needed if the seller acknowledged or concealed the defect), and the action expires one year after delivery. Inspect before buying; time limits after the deed are short.

8. New builds

For a home still to be built, D.Lgs. 122/2005 requires the builder to hand over a surety covering sums collected before the transfer, on pain of nullity that only the buyer may invoke. The notariato notes the sale by a builder is generally subject to VAT.

Which professional to consult

A surveyor or an architect can compare plans, permits and the building as it stands. A notary performs the legal searches. A real estate agent gathers the seller’s documents.