Can a Ukrainian citizen buy property in Italy?

Buying Property in Italy

Ukrainian citizens may generally purchase apartments, villas, holiday homes, commercial premises, offices, warehouses, development land and other categories of real estate recognised under Italian law.

Before completion, the Italian Notary carries out a comprehensive 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.

Residence in Italy

Many Ukrainian citizens currently reside lawfully in Italy under temporary protection or other forms of residence.

Where applicable, the purchaser's residence status may have legal relevance and will therefore be reviewed by the Italian Notary as part of the preliminary legal assessment of the transaction.

Depending on the circumstances, residence in Italy may also have implications for tax matters or other aspects of the acquisition.

Buying Through an Italian Company

Ukrainian investors may also choose to acquire property through an Italian company.

An Italian company is an Italian legal entity and may represent an appropriate solution for entrepreneurial projects, real estate investments or long-term asset management.

Whether this structure is suitable depends on the objectives of the investor and should always be evaluated on a case-by-case basis with the assistance of an Italian Notary.

Buying Through a Ukrainian Company

Companies incorporated under Ukrainian law may also invest in Italy through the acquisition of real estate or corporate interests.

Before completing the transaction, the Italian Notary will verify the company's legal existence, constitutional documents, the authority 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.

Marital Property Regime

The matrimonial property regime is one of the most important legal aspects of any cross-border real estate transaction.

Under Ukrainian law, the statutory regime is generally based on joint ownership of assets acquired during the marriage. As a general rule, property acquired by either spouse during the marriage belongs jointly to both spouses, while assets owned before the marriage or acquired by inheritance, gift or other personal title remain separate property.

Spouses may modify these rules by entering into a valid marriage contract.

Whenever a married Ukrainian citizen is involved in an Italian notarial transaction, the Italian Notary will verify the applicable matrimonial property regime together with the existence of any relevant marital agreement.

Marital Agreements

If the spouses have entered into a marriage contract or another agreement affecting their financial relationship, its legal effects should be carefully assessed before the purchase takes place.

Such agreements may significantly affect ownership rights and should therefore be examined together with the rest of the transaction documentation.

Powers of Attorney Executed in Ukraine

If a purchaser cannot travel to Italy, it is generally possible to complete the transaction through a power of attorney.

Powers of attorney executed in Ukraine 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 before which it was executed, the scope of the powers granted and its suitability for the intended transaction.

Documents Issued in Ukraine

Public documents issued in Ukraine and intended for use in Italy must comply with the applicable international conventions and Italian legislation.

The Italian Notary will verify in advance which authentication requirements or additional formalities are necessary according to the nature of each document and the legislation in force at the time of the transaction.

Translation of Documents

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

Particular attention should be paid to the transliteration of names from the Cyrillic alphabet into the Latin alphabet, as inconsistencies between passports, civil status certificates and other official documents may create practical difficulties.

Before completion, the Italian Notary will verify that names, personal details and legal terminology are consistent throughout the documentation.

Cross-Border Successions

When an estate involves Ukrainian citizens or assets located in Italy, the applicable law will depend on the circumstances of the individual case and the relevant rules of private international law.

The deceased's habitual residence, nationality and any valid choice of law may all play an important role.

Obtaining legal advice before succession issues arise is often advisable in order to avoid uncertainty and future disputes.

Tax Considerations

Ukrainian 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 nature of the property, the purchaser's circumstances and the characteristics of the acquisition.

How an Italian Notary Can Help

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

An Italian Notary can assist Ukrainian 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 Ukrainian citizens, purchasing property in Italy is generally possible thanks to the reciprocity recognised between Italy and Ukraine.

Nevertheless, every international transaction deserves careful legal planning. Particular attention should be given to the applicable matrimonial property regime, the purchaser's residence status where relevant and the correct preparation of foreign documentation.

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.