What to prepare before signing a property deed in Italy

A Valid Identity Document

Each buyer must provide a valid passport or other identity document accepted under Italian law.

The document should be sent to the notarial office before completion so that the personal details can be checked and entered correctly in the deed.

The original document must also be available at the signing appointment.

Where a document has expired, is damaged or contains information that no longer corresponds to the buyer’s current personal details, a replacement may be required before the deed can be completed.

The Italian Tax Code

Anyone purchasing property in Italy must have an Italian tax identification number, known as the codice fiscale.

The tax code is essential for the preparation and registration of the deed, the payment of taxes and the completion of the related Land Registry and Cadastral formalities.

Many international buyers assume they must obtain it personally before travelling to Italy.

In many cases, however, this is not necessary.

As part of our assistance to international clients, we are generally able to arrange for the Italian tax code to be obtained in advance, provided we receive the necessary identity documents and personal information within sufficient time before completion.

This means that many clients arrive in Italy with this important administrative step already completed, allowing them to focus on the transaction itself rather than dealing with Italian bureaucracy.

Naturally, the personal details used for the application must correspond exactly to those shown in the buyer's passport or other identity document.

Obtaining the tax code well before the signing appointment helps avoid unnecessary delays and allows the preparation of the deed to begin much earlier.

Personal and Family Information

The Notary must know whether the buyer is single, married, divorced, widowed or in another legally relevant personal situation.

Where the buyer is married, it is also necessary to establish the applicable matrimonial property regime and, in international cases, the law governing that regime.

This information can determine whether the property will be acquired by one spouse alone, by both spouses or within a community property regime.

The Notary may therefore request a marriage certificate, details of the date and place of marriage, information regarding the spouses’ nationalities and habitual residences, or evidence of any matrimonial agreement or choice of applicable law.

These details should be provided before the deed is drafted because they may affect both the identity of the purchaser and the way ownership must be recorded.

The Source and Transfer of the Purchase Funds

The purchase price must be paid using methods that comply with Italian rules on traceability and anti-money laundering controls.

The buyer should inform the notarial office in advance of:

the account from which the funds will be transferred;

the identity of the account holder;

the bank or financial institution involved;

the amount and timing of each payment;

any deposit or advance payment already made;

the method proposed for payment of the balance.

Where funds are provided by another person, such as a parent, spouse, company or lender, the legal and financial reason for that contribution must also be explained.

The Notary may request bank statements, transfer confirmations, loan documentation or other evidence concerning the origin and availability of the funds.

This is not an unnecessary administrative formality. It forms part of the legal duties imposed on the Notary and helps ensure that the payment structure is lawful, transparent and accurately described in the deed.

The Method of Paying the Purchase Price

The payment arrangements should be agreed and communicated before completion.

Depending on the transaction, the balance may be paid by bank transfer, banker’s draft or another traceable method accepted under Italian law.

Where the statutory notarial escrow account is used, the funds must be transferred in accordance with the instructions provided by the notarial office and within sufficient time for their receipt to be confirmed before signing.

International transfers should be arranged carefully. Banking cut-off times, intermediary banks, currency conversion and compliance checks may cause delays, and a payment instruction does not necessarily mean that the funds have already reached their destination.

The deed should not be treated as the occasion on which payment arrangements are first discussed.

Any Mortgage or Bank Financing

Where the purchase is financed by a mortgage, the buyer should provide the Notary with the bank’s details and the information relating to the loan as early as possible.

The purchase deed and the mortgage deed are often signed at the same appointment, but they remain legally distinct transactions.

The bank may require its own documentation, property valuation and internal approval process. The buyer should therefore ensure that the lender, the notarial office and any intermediary involved are coordinating the timing of completion.

A delay in the mortgage process may make it impossible to complete the purchase on the proposed date.

Tax Relief and Intended Use of the Property

The buyer should inform the Notary whether the property will be used as a main residence, a second home, an investment property or for another purpose.

Where first-home tax relief is requested, the Notary assesses whether the relief may be applied on the basis of the statutory requirements, the documentation available and the declarations required by law from the purchaser, and includes the relevant declarations in the deed.

The buyer must therefore provide complete information concerning residence, other properties already owned and any previous use of Italian first-home tax relief.

Incorrect or incomplete declarations may lead to the loss of the relief, recovery of the unpaid tax, interest and statutory penalties.

The final assessment must therefore be made by the Notary on the basis of the buyer’s actual circumstances and the legal requirements applicable at the date of completion.

A Power of Attorney, Where the Buyer Cannot Attend

A buyer who cannot be physically present may, in many cases, appoint another person to sign through a power of attorney.

The wording should normally be prepared or approved in advance by the Italian Notary who will receive the final deed.

A power of attorney executed abroad may require notarisation, an Apostille or legalisation, and an Italian translation, depending on the country in which it is signed and the international rules applicable to that document. Italian consular guidance also recommends obtaining suitable wording from the Italian Notary before the foreign instrument is executed.

The original document must normally reach the notarial office before completion.

A scan may be useful for preliminary checking, but it does not ordinarily replace the original instrument required for use in Italy.

Preparing a power of attorney at the last moment can place the entire transaction at risk.

Language and Understanding of the Deed

The Notary must ensure that every party understands the deed and the legal consequences of signing it.

International buyers should therefore inform the notarial office well in advance of the languages they understand and their actual level of Italian.

If a party declares that they do not know Italian and the Notary knows the foreign language used by that party, Article 54 of the Italian Notarial Law applies: the deed is drawn up in the foreign language and is accompanied by a complete Italian version, with the foreign-language text preceding the Italian text.

If the Notary does not know the foreign language used by the party, Article 55 applies: the deed is drawn up in Italian with the assistance of an interpreter, who prepares the complete translation into the foreign language. In this case, the Italian text precedes the foreign-language translation.

The interpreter, where required, must satisfy the legal conditions applicable to the notarial act and must take the oath prescribed by law. A friend who speaks Italian may not automatically be suitable for this role.

Language arrangements should never be left until the parties are already sitting at the signing table.

The Property and the Final Practical Arrangements

Before completion, the parties should confirm the agreed practical arrangements concerning:

delivery of the keys;

vacant possession or continued occupation;

the presence of furniture or other movable items;

meter readings and utilities;

condominium information;

any work to be completed before signing;

the date from which expenses and responsibilities pass to the buyer.

These matters should correspond with the preliminary agreement and with the terms to be included in the final deed.

Any change agreed after the preliminary contract should be communicated promptly to the Notary so that its legal consequences can be considered.

Reviewing the Draft and Raising Questions

Where a draft of the deed or a summary of its principal terms is provided before completion, the buyer should read it carefully and raise any questions without delay.

The purpose is not to replace the Notary’s formal reading of the deed, but to allow personal details, commercial terms and any misunderstandings to be corrected before the appointment.

Names, dates of birth, addresses, marital status, price, payment details and the description of the property should all be checked carefully.

Questions concerning taxation, ownership structure, future use of the property or the legal effect of particular clauses should also be addressed before signing.

What to Bring on the Day of Signing

The buyer should normally bring the original valid identity document and any other original documentation specifically requested by the notarial office.

Where the original power of attorney, bank instrument or supporting certificate has not already been delivered, it must be available in the form required for completion.

The buyer should also ensure that the agreed funds are available and that any payment arrangements can be completed within the time fixed for the appointment.

Arriving with documents that have never previously been examined may result in the deed being postponed.

Preparation Is Part of Legal Protection

The final signing should be the conclusion of a carefully prepared process, not the moment when essential information is collected for the first time.

The earlier the Notary receives the documents and understands the buyer’s personal, financial and linguistic circumstances, the more effectively the transaction can be organised.

Good preparation reduces the risk of delays, incorrect tax treatment, defective powers of attorney, unavailable funds or unexpected difficulties on the day of completion.

For an international buyer, this preparation is not merely practical.

It is an essential part of the legal protection provided by the Italian notarial system.