Italy Housing for Sale: Legal Checks, Safe Purchases in 2026

Introduction: Buying a House in Italy as a Foreigner in 2026

Italy offers one of the most exciting property markets in Europe, with options ranging from €30,000 country houses in Molise and Abruzzo to multi-million euro villas overlooking the Tuscan hills or the Lombardy lakes. Whether you’re searching for a holiday home with a private garden in Puglia, a renovated farmhouse with vaulted ceilings in Umbria, or a city apartment in the heart of Milan or Rome, the Italian real estate market in 2026 presents remarkable opportunities for foreign buyers.

This article is NOT a listing portal. Instead, it’s a legal guide from Bersani Law Firm&Partners—a boutique Italian law firm based in Verona—focused on how to buy safely. Our goal is to help you navigate Italy housing for sale from the legal side: due diligence, contracts, taxes, risks, and how an Italian attorney working exclusively for you can help you avoid costly mistakes.

The Italian property market can be thrilling to discover, but without proper legal guidance, foreign buyers risk losing deposits, purchasing properties with hidden liens, or buying houses that face demolition orders. Before you sign any preliminary contract or wire any deposit, we strongly encourage you to request a tailored legal consultation with our team.

Basic Requirements for Foreign Buyers

Buying a home in Italy as a foreigner requires meeting several essential requirements:

• Obtain a Codice Fiscale: This Italian tax code is mandatory for all property transactions and is used to identify you in all legal and financial matters.
• Hire a Bilingual Agent: Working with a bilingual real estate agent ensures clear communication and helps you navigate the Italian property market more effectively.
• Utilize a Geometra: A geometra (technical surveyor) is crucial for compliance checks, verifying that the property matches official records and is free from planning or structural issues.
• Understand Italian Law and Taxes: It is important to familiarize yourself with Italian property law and the taxes associated with purchasing real estate in Italy. This knowledge helps you avoid unexpected costs and legal complications.

How the Italian Housing Market Works in Practice

Property Types and Price Ranges

The typical search path for foreign buyers begins online. Portals like Gate-away, Immobiliare, and Idealista allow you to search properties across Italy’s regions, filtering by budget, bedrooms, location, and property type. Many buyers also work with local real estate agencies who have access to listings not yet published online, especially in villages and rural areas where word-of-mouth still dominates.

The 2025-2026 Italian housing market is stabilizing with high demand and rising prices in major cities like Milan and Rome, while rural areas offer affordable opportunities. The Italian real estate market in 2026 is characterized by a normalization following years of volatility, with an expected rise in transaction volumes by approximately 8.4% to reach 800,000 sales.

Common property types and price ranges include:

• Country house/farmhouses in Tuscany and Umbria: €150,000–€600,000, often featuring a stone fireplace, panoramic terrace, and land for vineyards or olive groves. Country houses are really appealing in case you were also looking to start a business as Agriturismo.
• Seaside apartments in Liguria and Puglia: €120,000–€400,000, many with easy access to beaches and the coast.
• Historic townhouses in Abruzzo and Marche: €40,000–€150,000, often in the historic centre of medieval villages, sometimes requiring renovation.
• City apartments in Milan, Rome, and Florence: from €300,000 upwards, located in the town centre or near essential services and transport.
• Ultra-low-cost rural properties in Calabria and Molise: €30,000–€70,000, ideal for buyers with flexibility and renovation budgets.
• Lakeside villas near Como and Garda: premium properties situated in Lombardy with strong investment and rental potential.

Role of Real Estate Agents

Real estate agents in Italy typically charge a commission of 2–4% plus VAT on each side of the transaction. While agents can help you find property and negotiate price, they do NOT substitute for a lawyer acting exclusively in the buyer’s interest. The agent’s primary incentive is to close the sale.

Additional Costs and Fees

Budget an additional 10-15% on top of the purchase price for taxes and fees when purchasing property in Italy.

The notary (notaio) is a public official who certifies the final deed, but their role is to ensure the transaction is legally valid—not to negotiate terms that protect you specifically. This gap between what agents and notaries provide and what buyers actually need is precisely where a buyer’s attorney becomes essential.

Why a Buyer’s Lawyer Is Vital When Purchasing a Home in Italy

When you retain Bersani Law Firm&Partners, we are paid by you alone, with a legal duty to protect your exclusive interests. Unlike agents who earn commissions on closed sales, or notaries who serve a public function, your attorney works solely for you.

The Italian real estate market has been attracting foreign investors for many years. Buying property in Italy can be a daunting process for foreign buyers.

Foreign buyers without legal support face significant risks:

• Hidden mortgages or liens (ipoteche) attached to the property that transfer with ownership. Mortgage rates in Italy have decreased from 4.8% in 2023 to approximately 3.5% in early 2026.
• Unauthorized renovations that violate building codes and may trigger demolition orders. Due diligence includes hiring a technical surveyor to ensure that all renovations and structural changes are officially permitted and recorded.
• Partial ownership disputes when multiple heirs claim rights to the property.
• Agricultural restrictions (diritto di prelazione) giving neighboring farmers first-refusal rights.
• Zoning violations that prevent intended use, such as converting a building to apartments or holiday rentals.

In our practice, we’ve seen buyers lose deposits of €10,000–€60,000 after signing poorly drafted preliminary contracts. Others have purchased houses later targeted by municipal demolition orders for illegal extensions, or discovered post-purchase that the property had outstanding condominium debts exceeding €20,000.

An attorney can negotiate protective clauses that agents and notaries typically leave in standard form:

• Conditions precedent (e.g., sale subject to mortgage approval or regularization of planning issues)
• Clear penalties for seller non-compliance
• Specific timelines for each stage
• Division of costs and taxes between parties
• Requirements for the property to be delivered free of occupants

All advice and contracts from Bersani Law Firm&Partners can be provided fully in English, with certified translations where required. We work regularly with buyers from the US, UK, Canada, Australia, and beyond.

Before you sign any proposta or compromesso, send us scans of the draft documents for immediate review.

The Three Binding Stages of the Italian Property Purchase Process

The purchase process for property in Italy involves three binding stages: Proposta d’Acquisto, Compromesso, and Rogito, each with specific deposit requirements. Understanding these stages is crucial for a safe and successful transaction.

• Proposta d’Acquisto (Purchase Offer): The initial offer, often accompanied by a small deposit (typically 1–5% of the purchase price), which can become legally binding once accepted by the seller.
• Compromesso (Preliminary Contract): A binding agreement that usually requires a larger deposit (typically 10–30% of the purchase price) and sets out the terms, conditions, and timeline for the sale.
• Rogito (Final Deed): The final transfer of ownership, executed before a notary, where the balance of the purchase price is paid and the property officially changes hands.

Each stage has its own legal and financial implications, making it essential to have legal guidance throughout the process.

Step-by-Step Process to Buy a House in Italy Safely

Buying property in Italy follows a structured sequence. Understanding each stage—and where legal intervention is critical—helps you avoid expensive missteps.

1. Informal Offer (Proposta d’Acquisto)

3. Typically submitted with a small deposit of 1–5% of the purchase price.

4. Usually valid for 7–15 days while the seller considers.

5. Can already be legally binding if not carefully drafted.

6. Bersani Law Firm intervention: We revise the proposta in Italian and English before you sign, ensuring it includes appropriate conditions and protections.

7. Typically submitted with a small deposit of 1–5% of the purchase price.
8. Usually valid for 7–15 days while the seller considers.
9. Can already be legally binding if not carefully drafted.
10. Bersani Law Firm intervention: We revise the proposta in Italian and English before you sign, ensuring it includes appropriate conditions and protections.
11. Legal Due Diligence

13. Conducted before committing to a binding preliminary contract.

14. Covers title verification, land registry checks, planning compliance, and lien searches.

15. Bersani Law Firm intervention: We perform comprehensive checks and provide a written “go/no-go” recommendation.

16. Conducted before committing to a binding preliminary contract.
17. Covers title verification, land registry checks, planning compliance, and lien searches.
18. Bersani Law Firm intervention: We perform comprehensive checks and provide a written “go/no-go” recommendation.
19. Preliminary Contract (Compromesso)

21. Binding agreement with a deposit typically of 10–30% of purchase price.

22. Defines payment schedule, conditions, deadlines, and penalties.

23. Bersani Law Firm intervention: We draft or revise protective clauses covering conditions precedent, division of costs, and delivery requirements.

24. Binding agreement with a deposit typically of 10–30% of purchase price.
25. Defines payment schedule, conditions, deadlines, and penalties.
26. Bersani Law Firm intervention: We draft or revise protective clauses covering conditions precedent, division of costs, and delivery requirements.
27. Mortgage Process (If Needed)

29. Bank conducts technical appraisal (perizia) of the property.

30. Mortgage approval typically takes 4–8 weeks.

31. Bersani Law Firm intervention: We coordinate with the bank to ensure mortgage conditions align with the purchase contract.

32. Bank conducts technical appraisal (perizia) of the property.
33. Mortgage approval typically takes 4–8 weeks.
34. Bersani Law Firm intervention: We coordinate with the bank to ensure mortgage conditions align with the purchase contract.
35. Notarial Deed (Rogito)

37. Final transfer of ownership before the notary.

38. Payment via bank manager’s cheque (assegno circolare) or escrow.

39. Bersani Law Firm intervention: We review the draft deed in advance to verify it reflects all prior agreements.

40. Final transfer of ownership before the notary.
41. Payment via bank manager’s cheque (assegno circolare) or escrow.
42. Bersani Law Firm intervention: We review the draft deed in advance to verify it reflects all prior agreements.

Even for properties under €100,000 in regions like Calabria or Molise, never skip the due diligence step. Cheap houses often carry the highest legal risk due to unclear title chains, decades of unregistered modifications, or complex inheritance situations.

For buyers who cannot travel to Italy for each signature, the entire process can be managed remotely through a power of attorney (procura speciale), with major decisions confirmed via email or video call.

Essential Legal Checks Before Purchasing: What Your Attorney Must Verify

Before you commit any significant deposit, comprehensive legal verification protects you from hidden problems that may not surface until years after purchase.

Ownership and Title

Your attorney verifies in the Conservatoria (Land Registry) that the seller is the sole legal owner. This includes identifying co-heirs who may have claims, confirming the absence of pending inheritance disputes, and checking for usucapione (adverse possession) claims where third parties may have acquired rights through long-term occupancy.

Liens, Mortgages, and Seizures

A thorough search reveals any ipoteche (mortgages), pignoramenti (seizures), legal charges, condominium debts, and tax liens registered against the property. These encumbrances transfer with ownership unless properly discharged before closing.

Land Registry vs. Reality

The cadastral maps and floorplans must match the actual property. This check confirms that extensions, terraces, panoramic views from added windows, separate independent units, pools, and garages are correctly registered. Discrepancies can block the sale or create future enforcement problems.

Planning and Building Compliance

Verification includes building permits (permesso di costruire), any amnesties (condoni) for past violations, certificates of habitability (agibilità), and compliance with local zoning rules (PRG, PGT). Properties in the south or in mountains and hills often have complex planning histories requiring careful examination.

Condominium Rules and Arrears

For apartments, we check past and future extraordinary works (facade, roof, lifts), review recent meeting minutes, and identify unpaid condominium fees that might transfer to the buyer. Annual charges can range from €1,000 to €5,000+ depending on the building’s services and space.

Special Rural, Agricultural, or Coastal Constraints

In regions like Tuscany, Sardinia, and Sicily, landscape, environmental, or cultural heritage restrictions (vincoli) may limit renovations, subdivisions, or commercial uses like Airbnb rentals. Properties near the sea, in protected hills, or classified as agricultural land require additional verification.

Bersani Law Firm&Partners structures these checks into a comprehensive written due-diligence report in English, with a clear recommendation before you send any large deposit.

Contracts in Italian Real Estate: Offers, Deposits, and the Final Deed

Understanding Italian real estate contracts—and knowing how a lawyer can adjust standard terms—protects you from signing obligations you didn’t fully understand.

Proposta d’Acquisto (Purchase Offer)

This initial offer can already be legally binding once the seller accepts. Agents often present pre-printed forms that favor quick closure rather than buyer protection. Before signing, have your attorney revise the text to include:

• Clear expiration dates
• Conditions that allow withdrawal without penalty
• Specification that the deposit is refundable if conditions aren’t met

Caparra Confirmatoria vs. Caparra Penitenziale

These two deposit types have very different consequences:

Deposit Type	If Buyer Withdraws	If Seller Withdraws
Caparra Confirmatoria	Buyer loses deposit	Buyer entitled to double the deposit
Caparra Penitenziale	Buyer loses deposit (exit fee)	Seller returns deposit (exit fee)

For example, on a €300,000 apartment in Florence with a €30,000 caparra confirmatoria, if the seller backs out, you’re entitled to €60,000. However, if you withdraw without legal justification, you lose your €30,000. Understanding which type applies—and negotiating the right one—is critical.

Compromesso (Preliminary Contract)

This binding agreement commits both parties to complete the sale. Key clauses to negotiate include:

• Payment schedule with clear milestones
• Conditions precedent (e.g., subject to mortgage approval, subject to regularization of planning issues by a fixed date)
• Division of taxes and agency fees
• Requirement that property be delivered free of occupants and debts
• Penalties for delays or non-compliance

Rogito (Final Deed)

The notary prepares the final deed, but their role is certification, not buyer advocacy. Your attorney reviews the draft rogito in advance to ensure it accurately reflects all prior agreements and conditional clauses. Any discrepancies should be corrected before the signing ceremony.

Bersani Law Firm&Partners drafts bilingual Italian–English versions of offers and contracts so foreign clients understand every obligation with complete clarity.

Taxes and Costs When Buying a House in Italy

Budget for total acquisition costs of approximately 9–15% of the purchase price, covering taxes, notary fees, agency commissions, and legal fees.

Purchase Taxes (2026 Rates)

For Resale Properties (from private sellers):

Buyer Status	Registration Tax	Mortgage Tax	Cadastral Tax
Prima Casa (first home, with residency requirements)	2% of cadastral value	€50 fixed	€50 fixed
Second Home / Investment	9% of cadastral value	€50 fixed	€50 fixed

For New Properties (from developers):

Property Type	VAT Rate
Prima Casa	4% of purchase price
Standard residential	10% of purchase price
Luxury properties	22% of purchase price

Other Costs

• Notary fees: €2,000–€5,000 depending on price and complexity
• Agency commission: Typically 2–4% plus VAT for the buyer
• Legal fees: Variable depending on scope; often a fraction of potential loss from problematic purchases
• Technical surveys: €500–€1,500 for property inspections

Italian Tax Code (Codice Fiscale)

You’ll need an Italian codice fiscale to complete the purchase. Bersani Law Firm&Partners can assist in obtaining this remotely through consular channels or the Agenzia delle Entrate.

Ongoing Property Costs

After purchase, budget for:

• IMU property tax (not applicable for prima casa, otherwise varies by municipality and cadastral value)
• TARI waste tax
• Condominium charges (for apartments)
• Utilities (often lower than US/UK equivalents)

For high-net-worth buyers relocating to Italy, the flat tax regime for new residents or the elective residence visa may offer significant advantages. We can evaluate these options alongside your property purchase.

Regions and Typical Property Opportunities in Italy for Foreign Buyers

While this article focuses on legal protections, buyers often ask where to look. The lifestyle in Italy is characterized by rich cultural heritage, beautiful coastlines, and delicious cuisine.

Here’s a concise regional overview:

Tuscany and Umbria
Farmhouses, vineyards, and hilltop villages define Italy’s most iconic countryside. Prices range from €250,000 for smaller country houses to several million for estates with land. Properties often feature stone fireplaces, vaulted ceilings, and panoramic views of rolling hills. Tuscany is known for its beautiful landscapes, including olive groves and vineyards. Umbria is rich in vineyards and olive groves, offering a blend of magnificent landscapes and historic towns.

Lombardy and the Northern Lakes
Lakeside villas and apartments near Como and Garda attract both lifestyle buyers and investors. Strong rental demand from visitors and tourism supports the investment case, though prices reflect the premium location.

Puglia and Abruzzo
More affordable coastal and countryside homes, including traditional trulli and historic townhouses, often price below €150,000. These regions offer beaches, mountains, and authentic village life with easy access from major airports. Abruzzo is known for its stunning natural beauty, where the Apennines meet the Adriatic Sea.

Piedmont, Marche, and Liguria
A mix of mountains, countryside, and sea attracts buyers seeking both lifestyle and mid-term appreciation. Prices vary widely depending on proximity to the coast or major cities. Liguria features a 300-kilometer coastline with a mix of beaches and rolling hills. Piedmont is home to UNESCO World Heritage vineyards and offers a mix of mountains, plains, and hills.

Ultra-Low-Cost Properties in Molise and Calabria
Rural properties from €30,000–€70,000 exist, but often require extensive renovation. These houses frequently have complex title histories, decades of unregistered modifications, and unclear planning status. Extra legal and technical checks are essential. Calabria is an emerging market for real estate investment in Italy. Sardinia is also considered an emerging market for real estate investment in Italy.

Trentino Alto Adige, Aosta Valley, and Liguria are the most expensive regions for property in Italy. High-efficiency “green” properties command a 15-18% price premium due to European energy rules.

Regardless of region or price, legal due diligence is non-negotiable. Bersani Law Firm&Partners works with buyers across all of Italy from our Verona base.

Buying a Home Linked to Italian Citizenship or Long-Stay Visas

Many buyers have long-term plans beyond a simple purchase: living part-time or full-time in Italy, relocating family, or planning retirement. Understanding how property ownership connects to immigration is essential.

Owning a home in Italy does NOT automatically grant citizenship or a visa. However, property ownership can support certain immigration paths when combined with the right legal strategy.

Bersani Law Firm&Partners assists clients with:

• Italian citizenship by descent (jure sanguinis): Tracing ancestry through Italian-born relatives, including complex 1948 cases where maternal lineage was previously excluded
• Citizenship by marriage: For spouses of Italian citizens meeting residency and language requirements
• Elective Residence Visa: For retirees with stable passive income who buy or rent a home in Italy and don’t intend to work
• Investor Visa (Golden Visa): For high-net-worth individuals making qualifying investments, sometimes combined with luxury property purchases
• Digital Nomad Visa: For remote workers needing a compliant residence address in Italy

For an in-depth overview of these citizenship and visa options, visit Bersani Law’s HR Magazine.

For clients planning to relocate, we recommend legal planning that considers both the property purchase and the optimal immigration and tax framework together.

Remote Buyers: How We Manage Your Italian Purchase from Abroad

Many of our clients buy property from the US, UK, and other countries without being in Italy for every stage. Modern legal practice and technology make this entirely feasible.

Power of Attorney (Procura)

We can prepare a procura speciale allowing Bersani Law Firm&Partners to sign specific documents on your behalf. You retain control over all major decisions, confirmed via email or secure video call before we act.

Document Exchange

Documents flow securely throughout the process:

• Scanned identity documents and passport copies
• Draft contracts with tracked changes and English annotations
• Due diligence reports with clear findings and recommendations
• Sworn translations of key legal documents when required

Technical Inspections

We coordinate with local surveyors (geometri) and technical experts who physically inspect the property, verifying:

• Structural condition and renovation needs
• Consistency between cadastral records and actual building
• Planning compliance and potential issues
• Utility connections and essential services availability

Secure Payments

All bank transfers and payments are structured to minimize risk:

• Clear contractual milestones triggering each payment
• Escrow arrangements where appropriate
• Verification of seller bank details to prevent fraud
• Confirmation that funds reach the correct accounts

You can buy with confidence without boarding multiple flights to Italy.

How Bersani Law Firm&Partners Works with You: Fees, Transparency, and Next Steps

Our role is completely independent from any seller or agent. We are retained and paid exclusively by you, the buyer, on a transparent fee basis with no hidden charges.

Our Service Packages

Pre-Purchase Consultation

• Review of property listing and initial circumstances
• First legal opinion on potential risks and opportunities
• Guidance on next steps before any commitment

Full Due Diligence and Contract Negotiation

• Comprehensive legal checks across all categories
• Written due diligence report in English with go/no-go recommendation
• Drafting or revision of proposta and compromesso with protective clauses
• Bilingual contract versions for complete understanding

End-to-End Assistance

• Support from first offer through final deed
• Coordination with notary, bank, and technical professionals
• Review of final rogito before signing
• Post-purchase assistance with utilities, taxes, and registration

Fee Structure

Our fees are typically fixed or capped for each stage, agreed in writing before we begin work. The cost of proper legal representation is often a small fraction of the potential loss from a problematic purchase—a €5,000–€10,000 investment in legal fees can prevent losses of €50,000 or more.

Contact Us

Ready to discuss your Italian property plans? Here’s how to reach us:

• Website: Complete our contact form with your inquiry
• Email: Send your questions and documents directly

For an initial review, please send:

• Link to the property listing
• Any draft contracts (proposta, compromesso) you’ve received
• Property address and asking price
• Seller or agent contact information
• Your timeline and any special circumstances (citizenship applications, visa needs, financing plans)

Do not sign any document or wire any deposit for a house in Italy before a qualified Italian attorney has reviewed the legal situation in detail. The excitement of finding your ideal property should never override the protection that proper legal guidance provides.

Contact Bersani Law Firm&Partners today for a tailored consultation on your Italian property purchase or to learn more about the Elective Residence Visa requirements for Italy.