Buying in Italy

The Italian notary and the deed of sale explained

The Italian notary is not a solicitor, and checks less than most buyers assume. Here is what they actually do, and what is left for you to arrange.

4 min read · August 1, 2026

a desk with a lamp and a painting on the wall

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The notary is the part of an Italian purchase that foreign buyers find most reassuring, and it is the part they most often misunderstand.

The reassurance is partly justified. The misunderstanding is expensive.

What an Italian notary is

A notaio is a public official, not a lawyer acting for a side. They are appointed by the state, they hold a public register, and the deed they draw has public faith: it is enforceable and it is what the land registers record.

They act for the transaction, not for you. There is no adversarial party looking after your interests, because in the Italian system there are no two lawyers negotiating. That is efficient, and it leaves a gap you have to fill yourself.

The buyer chooses the notary, and the buyer pays. This is the single most useful sentence in this guide. Do not simply accept the one the agency puts in front of you: the fee is yours either way, and the relationship is different when you appointed them.

What the notary verifies

Before the deed, the notary carries out checks that genuinely protect you:

  • Title. Who owns the property, how they came to own it, and whether they have the power to sell.
  • Charges. Mortgages, liens, seizures, easements and anything else registered against the property. If a mortgage exists it is dealt with at the deed, and the money does not move until it is.
  • Cadastral data. That the identifiers in the deed match the registers.
  • Declarations. That the seller states the building permit references and the energy certificate is present.
  • Identity and capacity. That the parties are who they say and can do what they are doing.

This class of check is done well. Buying a house in Italy and discovering it was never legally yours is genuinely rare.

What the notary does not check

This is where the real problems live.

The notary generally does not:

  • go and look at the property
  • compare the building as it stands against the approved plans
  • verify that an enclosed terrace, a converted attic or an extension was ever authorised
  • confirm that the heating, gas and electrical systems comply
  • form any view on whether the price is sensible

Read that list again. The notary records the seller's declaration about building compliance; they do not go and test it. A deed can be flawless and the house can still have an unauthorised floor on it.

Nobody in the transaction is paid to find that. The agent is paid when you buy. The notary is paid to transfer title correctly. The check that is missing is a technical one, and it is yours to commission.

How the rogito runs

The signing itself is undramatic and usually takes under an hour.

The notary reads the deed aloud. Both parties sign. Payment is made at that moment, normally by Italian bank draft or traceable transfer, and the keys change hands. The notary then registers the deed and updates the land and cadastral registers, which happens in the days afterwards.

What matters is what happened in the weeks before. Everything in the deed should be something you have already seen: the absence of charges, the building permits, the cadastral data, the energy class. If something appears for the first time while it is being read aloud, the mistake did not happen at the signing. It happened weeks earlier, when nobody checked the paperwork.

If you do not speak Italian

If you cannot follow the deed in Italian, the law requires an interpreter, sworn in before the notary. The notary draws the deed in Italian; the interpreter translates it in advance and reads it during the signing. A bilingual deed is also possible.

Budget 400 € to 900 € all in, and note that the cost of the language service falls on the buyer.

Whether two witnesses are also required depends on the notary. The national notarial council takes the view that they are not needed where the party, though not speaking Italian, can read and write, because the interpreter already guarantees comprehension. Some notaries call them anyway. Ask yours early rather than discovering it on the day.

Buying through a power of attorney

You can buy without travelling, by giving a procura to somebody you trust.

If it is drawn up outside Italy it will usually need an apostille and a sworn translation. Its scope has to be precise: too narrow and the appointment stalls, too wide and you have given somebody more power over your money than you should.

Questions worth asking your notary, before the day

  1. Does prezzo-valore apply to my purchase, and will you request it at the deed?
  2. What exactly are you checking, and what are you not?
  3. Do you want witnesses as well as an interpreter?
  4. Can I have a written quotation with the fee separated from the taxes?
  5. Can I see the draft deed in advance?

The last one is the one people forget. You are entitled to read it before the day, and reading it before the day is the only way the reading aloud contains no surprises.

For the sequence around it, see buying property in Italy as a foreigner. For the numbers, costs and taxes when buying a house in Italy.

Frequently asked

Can I choose my own notary?

Yes. In Italy the buyer normally chooses and pays the notary. Do not automatically take the agency's suggestion — the fee is the same and the relationship is not.

What happens if I do not speak Italian?

The law requires an interpreter, sworn in before the notary, and sometimes two witnesses as well. The deed can also be drawn bilingually. It has to be arranged in advance, and the buyer pays for it.

Does the notary check that the building is compliant?

Generally no. They record the seller's declaration about the building permits, but they do not visit the property and do not compare it against the approved plans.

Want me to check a specific property?

The guides tell you what to look at. If you would rather I went and looked for you, the full package is €590 and covers the visit, photographs, video and a written report.

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