Due Diligence – Acquiring Real Estate in Italy
When planning to purchase real estate in Italy, it is essential to conduct a thorough due diligence process before making an offer or finalizing the transaction.
Our advisors and real estate attorneys specialize in reviewing the necessary documentation tied to the property you wish to buy, ensuring your investment is secure.
The scope and complexity of the documentation vary based on the type of property being purchased.
Obtaining these documents often involves navigating a complex process, as they are issued by various administrative bodies and agencies.
Key Documents for Residential Properties
- Urban Destination Certificate (“Certificato di Destinazione Urbanistica”)
This document outlines the permitted use of the land according to the local Urban Development Plan. It is issued by the municipality where the property is located. - Subdivision Permit (“Autorizzazione alla Lottizzazione”)
Italian law prohibits purchasing land without this permit, which is essential for plots intended for development. - Urban Conformity Statement (“Liceità Urbanistica”)
For properties built before 1967, the contract must reference specific terms regarding the property’s building license. - Retrospective Planning Permission (“Concessione in Sanatoria”)
This regularizes unauthorized construction or renovations carried out without proper permits. - Certificate of Habitability (“Certificato di Agibilità”)
This certifies that the property meets legal standards for habitation and is typically issued by the local municipality. - Rights of First Refusal (“Diritti di Prelazione”)
Properties of historical or artistic value may be subject to the Ministry of Cultural Heritage’s right of first refusal. Sellers must notify the Ministry prior to completing the sale. - Cadastral Plans (“Planimetria Catastale”)
These plans show the graphical layout of the property. It is crucial to verify that the official records match the actual property structure. - Cadastral Registry Extract (“Visura Catastale”)
This provides essential details about the property, such as its type, dimensions, and ownership, which are important for calculating taxes. - Mortgage Registry Extract (“Visura Ipotecaria”)
This document reveals any liens, mortgages, or encumbrances, ensuring the property can be legally transferred. - Property Deed (“Atto di Provenienza”)
This notarial deed confirms ownership and identifies any restrictions or obligations associated with the property. Special care is needed for inherited or donated properties, as these may involve additional complexities. - Cadastral Documentation (“Documentazione Catastale”)
Italian cadastral offices hold all records related to properties under their jurisdiction. Reviewing these documents ensures the property complies with regulations. Discrepancies must be corrected through a formal variation notice (“Denuncia di Variazione”). - Condominium Rules and Regulations (“Regolamenti Condominiali”)
For apartments, internal condominium rules outline residents’ rights and obligations regarding common areas and community standards. - Technical and Administrative Documentation
Buildings constructed after 1996 require a building logbook (“Fascicolo del Fabbricato”), while those built after 1990 must have conformity certificates. Properties built after 1989 need certification for accessibility and safety. - Environmental Certification
The property must comply with Italian environmental safety regulations.
Thorough due diligence ensures your property complies with all legal and administrative requirements, safeguarding your investment.