Buying Process · Legal · June 2026

Peter Tumbas Berkshire Hathaway HomeServices New England Properties · CT RES.0836133

June 18, 2026 · 14 min read

How to Buy Property in Italy as an American: The Notaio, Compromesso, and Rogito Explained

Most Italian real estate guides tell Americans to "work with a notaio." What they do not explain is that the notaio in Italy, unlike a closing attorney in the United States, represents neither buyer nor seller. The notaio is a neutral public officer of the state. Understanding what the notaio does and does not do is the single most important piece of structural knowledge before you engage in any Italian property transaction.

The Notaio: What This Role Actually Is

The notaio (notary public, but with significantly greater statutory authority than the US equivalent) is a licensed public officer appointed by the Italian Ministry of Justice. Every property transfer in Italy must pass through a notaio. There is no exception.

The notaio's specific responsibilities are:

• Verifying the legal identities of buyer and seller
• Confirming the property is free of mortgages, liens, and encumbrances at the moment of signing
• Drafting the rogito (final deed of sale)
• Collecting and remitting registration tax (imposta di registro) and other applicable taxes directly to the Agenzia delle Entrate (Italian Revenue Agency)
• Registering the transfer of ownership in the Conservatoria dei Registri Immobiliari (land registry)

The notaio does not verify permit conformity, does not check whether building additions were legally sanctioned, does not examine the cadastral plan against the physical building, and does not identify heritage designations or access easements. Those checks are buyer due diligence. The notaio executes the transaction once you have decided to proceed. Your independent Italian attorney does the work that informs that decision.

The Codice Fiscale: Your First Step Before Anything Else

The codice fiscale is Italy's national tax identification number. It is required for every financial and legal transaction in the country: opening an Italian bank account, signing any contract, appearing before a notaio, or registering as a resident. Americans obtain it before they need it, not after.

How to get a codice fiscale from the United States:

• Contact the Italian consulate serving your region. Each state is served by a specific consulate -- find yours at the Italian Ministry of Foreign Affairs website.
• Bring a valid passport and a completed Modello AA4/8 form (downloadable from the consulate website).
• The number is typically issued immediately at the consulate or mailed within two to three weeks.
• There is no fee.

Americans who have not obtained a codice fiscale before beginning a property search in Italy create unnecessary delays. Get it before you travel. It takes one consulate visit.

Stage 1: The Proposta d'Acquisto (Purchase Offer)

The proposta d'acquisto (purchase offer) is a written offer submitted by the buyer to the seller, typically through the real estate agent (agente immobiliare). It states the offered price, proposed completion date, and any conditions. It is accompanied by a small earnest deposit, typically 1 to 5 percent of the offered price, held by the agent.

If the seller accepts the proposta without modification, both parties are legally bound by its terms. This is the point at which many American buyers do not realize they have made a binding commitment. The proposta is not the same as a non-binding letter of intent. Once accepted, walking away has financial consequences.

The practical implication: before you submit a proposta, you should have your independent attorney ready and a preliminary view on whether the property is worth pursuing. The proposta is the first binding step, not a casual expression of interest.

Stage 2: Due Diligence

Italian due diligence should happen between the proposta and the compromesso. In some transactions, particularly with motivated sellers, there is pressure to move quickly to the compromesso. Resist it.

The six checks your independent Italian attorney must complete:

• Title search at the Conservatoria dei Registri Immobiliari: confirms the seller holds clear title and reveals any mortgages, liens, or co-ownership claims. Inherited properties in Italy, particularly in the south, frequently have unresolved multi-heir estates.
• Visura catastale (cadastral record check): confirms the property's registered plan, classification, and cadastral value. This is the record the tax authorities use for IMU (Imposta Municipale Unica) assessment.
• Building permit conformity: compares the physical building to its permit history at the comune (municipality). Informal additions, enclosed terraces, and extensions built without permits are common, particularly in southern Italy. These range from regularizable to requiring demolition.
• Urban planning compliance: confirms no active violations are registered against the property by the comune.
• Heritage designation check: identifies any vincolo (heritage classification) restricting future renovation. Properties in historic centres or of architectural significance may require Soprintendenza approval for any exterior work.
• Energy performance certificate (APE, Attestato di Prestazione Energetica): legally required for every property transfer. The seller must provide it. Review it.

Due diligence takes 3 to 6 weeks in southern Italy (Sicily, Calabria, Campania) where municipal records require more thorough verification. In northern cities like Milan, it typically runs 2 to 4 weeks. Never sign a compromesso before due diligence is complete.

Stage 3: The Compromesso (Preliminary Sale Agreement)

The compromesso (formally the contratto preliminare di compravendita, preliminary contract for sale and purchase) is the detailed binding contract that locks in the transaction. Both parties are fully committed. The buyer pays a deposit of typically 10 to 30 percent of the agreed purchase price at signing.

The financial consequences are clear and significant:

• If the buyer withdraws without legal cause after signing the compromesso, the deposit is forfeited entirely.
• If the seller withdraws without legal cause, the seller must return double the deposit amount to the buyer.

The compromesso is typically drafted by the notaio or by the buyer's attorney. It specifies: the agreed purchase price, deposit amount and payment terms, the agreed rogito date, any conditions precedent (such as mortgage approval or permit verification), and the consequences of default by either party.

One important point Americans miss: the compromesso can be registered with the Agenzia delle Entrate (a process called registrazione del preliminare). Registration costs a small fee but provides protection if the seller attempts to sell the property to another buyer before the rogito. In high-demand markets or transactions involving significant deposits, registration is worth doing.

Stage 4: Between Compromesso and Rogito

The period between compromesso and rogito typically runs 4 to 8 weeks. During this window:

• Any outstanding due diligence items are resolved
• If financing through an Italian mortgage, the bank completes its appraisal and issues final approval
• The notaio prepares the draft rogito and provides it to both parties for review
• The buyer arranges the balance of funds for transfer on the rogito date

Italian mortgages for non-residents are available but limited. Italian banks typically lend up to 50 to 60 percent of the property value to non-resident foreigners, versus 80 percent for Italian residents. Arrange financing discussions early if you intend to use a mortgage.

Stage 5: The Rogito (Final Deed of Sale)

The rogito (atto di compravendita, deed of sale) is the document signed before the notaio that legally transfers ownership. Both buyer and seller must be present or represented by a notarized procura (power of attorney). The full balance of the purchase price is paid on this date, typically by certified bank transfer arranged the day before.

What happens at the rogito:

1. The notaio reads the deed aloud in Italian. If you do not speak Italian, a certified interpreter must be present. This is not optional.
2. Both parties confirm identity documents.
3. The notaio confirms the property is encumbrance-free as of that date.
4. The balance is paid.
5. Both parties sign. The notaio countersigns and stamps.
6. Keys are exchanged.

Following the rogito, the notaio files the transfer registration with the land registry and the Agenzia delle Entrate within a defined statutory window. Ownership is formally and publicly yours from the moment of signing.

Transaction Costs: The Full Breakdown

American buyers frequently underestimate total acquisition costs. The purchase price is not the total cost.

On a 400,000 EUR purchase, budget an additional 36,000 to 52,000 EUR in transaction costs. On a 1M EUR purchase, 90,000 to 130,000 EUR. These numbers are before any renovation, furnishing, or connection of utilities.

The Independent Attorney: Why This Matters

The single most common error American buyers make in Italian property transactions is relying on the notaio for buyer protection. The notaio executes the transaction. Your attorney examines whether you should proceed with it.

Engage an independent Italian attorney (avvocato) who:

• Is retained by you, not introduced by the selling agent
• Has specific experience in the region where you are buying (southern Italian permit systems differ significantly from northern Italian systems)
• Reports to you in English
• Reviews the proposta terms before you submit it
• Completes all six due diligence checks before you sign the compromesso

Attorney fees of 2,000 to 5,000 EUR on a 300,000 EUR purchase represent a material risk management spend. On a 1.5M EUR Lake Como villa purchase, the same 2,000 to 5,000 EUR is immaterial relative to the exposure it covers. There is no category of Italian property transaction where independent legal representation is optional.

Timeline: From Accepted Offer to Keys

Frequently Asked Questions