Can a Belgian citizen buy property in Italy?

Buying Property in Italy

Belgian citizens may freely purchase apartments, villas, historic buildings, commercial properties, offices, warehouses, development land, agricultural land and other real estate rights recognised under Italian law.

Before completion, the Italian Notary carries out a thorough legal review of the transaction. This includes verifying ownership of the property, checking the continuity of title, reviewing cadastral and planning compliance, identifying mortgages or other encumbrances, confirming the applicable tax treatment and ensuring compliance with Italian anti-money laundering legislation.

Where agricultural land is involved, the ordinary Italian rules governing agricultural pre-emption rights and planning restrictions continue to apply.

Buying Through a Belgian Company

Companies incorporated under Belgian law may also acquire real estate or corporate interests in Italy.

Before completing the transaction, the Italian Notary will verify the company's legal existence, constitutional documents, the powers of its authorised representatives, the beneficial ownership structure where required by law and the documentation relating to the origin of the funds used for the investment.

For certain projects, establishing an Italian company may also represent an appropriate alternative, depending on the investor's objectives.

Marital Property Regime

Under Belgian law, the statutory matrimonial property regime is broadly comparable to the Italian community of property system.

As a general rule, assets owned before the marriage and those subsequently acquired by inheritance or gift remain personal property, while assets acquired during the marriage ordinarily become part of the spouses' common estate.

However, Belgian spouses may enter into a marital agreement choosing a different property regime, including separation of property or other arrangements permitted by Belgian law.

Where international elements are involved, such as multiple nationalities, changes of residence or a choice of applicable law, the regime governing the spouses' property relations must be determined in accordance with the relevant rules of private international law and, where applicable, Regulation (EU) 2016/1103.

For this reason, the Italian Notary will always verify the matrimonial property regime applicable to the specific case before preparing the deed.

Marital Agreements

If the spouses have entered into a marital agreement, its legal effects should be carefully assessed before the purchase takes place.

Belgian nationality alone is not sufficient to determine the applicable matrimonial property regime, and the existence of a marital agreement may significantly affect ownership rights.

Powers of Attorney Executed in Belgium

If a purchaser cannot travel to Italy, the transaction may generally be completed through a power of attorney.

Powers of attorney executed in Belgium may be used for Italian notarial transactions provided that they comply with the applicable legal requirements.

Before relying on such a document, the Italian Notary will verify the identity of the principal, the formal validity of the power of attorney, the authority that authenticated it, the scope of the powers granted and its suitability for the intended transaction.

Belgian Public Documents

Belgium participates in the principal European and international frameworks governing the circulation of public documents.

Before a Belgian document is used in Italy, the Italian Notary will verify which formal requirements apply in the specific case and confirm that the document is suitable for use within the Italian legal system.

Translation of Documents

Documents issued in Belgium that are intended to be used in connection with an Italian notarial deed will generally need to be accompanied by an appropriate Italian translation.

This requirement may also apply where the original document is drafted in one of Belgium's official languages, including French, Dutch or German.

The Italian Notary will determine in advance which documents require translation and ensure that names, personal details and legal terminology are consistent throughout the documentation.

Cross-Border Successions

When an estate involves Belgian citizens or assets located in Italy, Regulation (EU) No. 650/2012 on international successions may become relevant.

The law governing the succession depends on the specific circumstances of the case, including the deceased's habitual residence and any valid choice of law made during his or her lifetime.

Obtaining legal advice before the succession procedure begins is often advisable in order to avoid uncertainty.

Tax Considerations

Belgian citizenship does not create any special tax regime for purchasing property in Italy.

The ordinary provisions of Italian tax law apply, including any reliefs or incentives available where the statutory conditions are satisfied.

The taxation applicable to the transaction will depend on factors such as the type of property, the purchaser's circumstances and the nature of the acquisition.

How an Italian Notary Can Help

Buying property abroad often means dealing with unfamiliar legal systems, foreign documentation and cross-border issues.

An Italian Notary can assist Belgian clients throughout the entire process by reviewing foreign documents, verifying the applicable matrimonial property regime, checking powers of attorney and ensuring that every stage of the transaction complies with Italian law.

Final Remarks

For Belgian citizens, purchasing property in Italy is generally straightforward and is not affected by nationality-based restrictions.

However, every international transaction deserves individual legal attention. Particular care should be devoted to identifying the correct matrimonial property regime, assessing the effects of any marital agreement and ensuring that all foreign documentation is suitable for use in Italy.

Seeking professional advice before signing a reservation agreement, preliminary contract or deed of sale is often the best way to ensure that the transaction proceeds smoothly and with full legal certainty.