Guide · Buying

The rogito: signing the notarial deed of sale in Italy

What happens at the rogito: documents, declarations on payment and the agent, cadastral conformity, the optional price deposit with the notary, and handover.

Checked on against the official sources at the bottom of the page.

In short

The rogito is the deed of sale signed before a notary, and it is the moment ownership of the property passes to the buyer. Under the Civil Code a contract transferring real estate must be in writing (a public deed or a private writing) on pain of nullity (art. 1350). At the signing the notary reads the whole deed aloud, the parties sign in the notary’s presence, and the notary then registers it, pays the taxes and files it in the public registers.

Why the deed matters

Until the rogito, a preliminary contract only obliges the parties to sign (see the preliminary contract guide). The deed is what transfers the property. It is also what is made public: article 2643 lists contracts transferring real property among the acts that must be made public by transcription, and article 2657 says transcription can be done only on the strength of a court judgment, a public deed or a private writing with authenticated signature. Foreign judgments and deeds made abroad must be legalised.

What to bring

The notariato’s checklist for a buyer who is a private individual includes: an identity document, the codice fiscale, the extract of the marriage act or a stato libero certificate (civil-status certification) or the registered partnership, any marriage-property agreement, and for non-EU citizens a residence permit and entry visa. It also asks for proof of the payments already made, the agent’s details with the agreed fee and proof of its payment, a copy of the preliminary contract, and details of the lending bank if you borrow. If you claim the prima casa relief, copies of the deed for the previous home may be needed to obtain a credit. A buyer who is a company needs the representative’s ID, the legal name, seat and tax code.

Seller-side documents on the same checklist include the title deed, cadastral plans, building permits, the habitability certificate or proof of its request, the energy performance certificate (APE), the condominium regulations and a statement from the administrator on charges paid.

The declarations inside the deed

The Agenzia delle Entrate lists declarations that must go into the deed on top of the sale terms:

  • the payment methods of the price in detail (cheque, transfer and so on);
  • whether an agent took part and, if so, the identity and registration data of the agent (tax code, VAT number, registration in the REA of the chamber of commerce) and the fee paid with how it was paid; omitted, incomplete or false statements bring a fine of €500 to €10,000, besides criminal liability for false statements;
  • the buyer’s request for the prezzo-valore system, if applicable, and the prima casa conditions, which must be declared in the deed;
  • a cadastral conformity statement: the deed must, on pain of nullity, give the cadastral data and refer to the plans filed at the cadastre, and the registered holders must declare that the real state matches those data and plans (a technician can issue an attestation instead). The notary must identify the cadastral holders and check them against the property registers.

Read the cadastral point with the cadastral search guide and the planning point with planning compliance.

The signing itself

The notariato describes the formal rules: the notary must read the entire content of the document to the parties and to any witnesses the law requires in certain cases (for example when a party cannot sign or has a sensory impairment); the document, once read and approved, is signed by the parties and witnesses before the notary and then by the notary. What the notary certifies is conclusive evidence for all purposes, even in court, unless the crime of falsity in a public document is proved. Article 47 of the notarial law adds that the notary may receive the deed only in the parties’ presence and must investigate their intentions.

If you do not speak Italian well, plan for this: the sources read do not describe an interpreter requirement, so ask the notary’s office beforehand how a foreign-language party is handled.

Paying the price: the optional deposit with the notary

Since 29 August 2017 either party (usually the buyer) may ask the notary to hold the balance of the price until the deed has been transcribed in the registers. The notariato explains that the sums are paid into a dedicated account in the notary’s name, separate from the notary’s assets and not attachable by the seller’s creditors. It is optional, and the notariato suggests flagging it in the preliminary contract so that the seller can prepare. It can also be used to hold the price until a mortgage is cancelled, until a pre-emption right can no longer be exercised, until a habitability filing is made, until the property is vacated, or to cover seller debts such as unpaid condominium charges.

Handover and condominium charges

Handover normally happens at the deed; the parties may agree an early handover (the seller remains owner and responsible) or a delayed one with a penalty. The notariato advises asking the condominium administrator for a statement that the seller has paid all charges. Article 63 of the implementing provisions of the Civil Code says a person succeeding to a condominium owner’s rights is jointly liable with that owner for contributions for the current year and the previous one, and the seller remains liable until a certified copy of the transfer title is sent to the administrator.

After the signing

The notariato states that the notary must, within a short time, register the deed with the tax authorities and pay the taxes on the client’s behalf, lodge the deed in the public registers and carry out the cadastral registration. The Agenzia delle Entrate confirms that registration, mortgage and cadastral taxes are paid by the notary at registration. In the territories under the land-book system, the registers differ from the rest of Italy; ask the notary which procedure applies.

What it costs

Taxes on a purchase from a private seller: registration tax 9%, or 2% with the prima casa relief, minimum €1,000, plus €50 mortgage tax and €50 cadastral tax. On a VAT sale by a builder: VAT 10% (4% with prima casa, 22% for A/1, A/8, A/9), plus €200 each of the three other taxes. They are national. Calculation, not a quote: on a €180,000 resale home bought as a prima casa, registration tax = 2% = €3,600. The notary’s own fee is agreed in writing; no law sets it (see the notary’s role). The notariato says the buyer pays unless otherwise agreed with the seller.

Which professional to consult

The notary is mandatory. A real estate agent coordinates dates and papers; a mortgage broker can align the bank’s signing date with the deed.

Frequently asked questions

Do both parties have to be present?

The notarial law requires the deed to be received in the presence of the parties; a representative with a power of attorney is another matter and is not covered here.

Who pays the taxes at the rogito?

The buyer, through the notary, who pays them to the tax office at registration.

Can the notary keep the price until the registers are updated?

Yes, if one party asks, from 29 August 2017; it is optional.

When do I get the keys?

Normally at the deed, unless the parties agreed on an earlier or later handover.

Is the notary’s description of the deed legally binding?

What the notary certifies in the deed is conclusive evidence unless falsity in a public document is proved.

General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.

More guides on buying

Sources

All guides · Payotte Italy