Our articles on Italian real estate law

The main risk with off-plan property purchases in Italy Another in our series on the important issue of off-plan property purchases in Italy. Use our useful search tool to find…

This article was originally provided by De Tullio Law Firm to the British Consulate in 2011. While the article pertains to a Calabrian case, information is relevant to off-plan properties…

What is Adverse possession (usucapione)? Usucapione is similar to Adverse Possession. It is a legal situation which is connected with possession of a property. The possession of a property doesn’t…

Italian estate agents must be registered According to Italian Law 39/1989, in order to operate in Italy, realtors and real estate agents must register with their local Chamber of Commerce. Without…

A professionally drafted contract is your best protection against any faults with Italian construction work Building defects include the use of shoddy materials, poorly executed work, deviations from an agreed…

An accurate understanding of the Italian legal system is essential for a translator dealing with an Italian real estate transaction All legal documents relating to an Italian real estate transaction…

International property sales involve a citizen, or company, of one country buying real estate in another country The legal framework regulating international property sales in Italy is governed by Italian…

What defects does an off-plan insurance policy cover? In accordance with article 4 of legislative decree 122/2005, a construction company must provide off-plan property buyers with an insurance policy. Essentially,…

How Can An English-Speaking Italian Property Lawyer Advise with The Purchase of A Property in Italy? Buying a home anywhere, including Italy, is probably one of the largest and most significant…

Emphyteusis is a type of leasehold arrangement The closest Common Law legal term to Emphyteusis is a leasehold. The landlord retains the ownership of property. However, a tenant has the…

The European Mortgage Credit Directive creates a single mortgage market across the EU In a previous article, we addressed the possibility of non-Italian nationals obtaining a mortgage to purchase an Italian property. This…

What is the difference between an Italian notary and a lawyer? International clients are often confused about the role of an Italian Notary. There is a mistaken belief that a public…

Tax and estate planning matters. Think long term when buying property in Italy Owning a second home in your home country presents administrative and logistical challenges. However, at least that second home…

What is the role of an executor in Italian succession? Only a testator may appoint an executor in a will. An executor in an Italian succession procedure is responsible for managing…

What is the legal situation if you own assets in Italy and abroad? Cross-border inheritance cases have increased during the past decade. In this article we therefore explore one such…

Making an Italian will facilitates the Italian succession process Do you own property at home and in Italy? If so, we would advise that you make an Italian will. If…

What are the principles of inheritance law in Italy? Law n.218, 31st of May 1995 regulates the field of inheritance law in Italy. This law falls within the framework of…

Late delivery: one of the risks in buying Italian off-plan properties This article is part of a series about the risks of buying off-plan properties in Italy. To read more…

I bought an Italian house then discovered big cracks in the walls  According to your email, you have just moved into the Italian house you purchased three months ago. Unfortunately…

Having a home in Italy is a dream for many Buying a home in Italy is also a major investment. There are many aspects that need careful consideration before taking…

What is Italy’s high net worth individual tax regime?  On 9th March, 2017, Italy introduced a high net worth individual tax system.  Pursuant to article 24 bis of Italy’s Budget…

How does Italian succession law work? Succession law in Italy is based on the Roman Law principle which protects close members of the family. This partially limits the right of…

How does Italian law define dormant accounts? According to Italian law, a dormant account contains a sum over €100 that has not been moved by the owner for a period…

If you are buying Italian property, never sign any paperwork without fully understanding the implications The most important piece of advice for expats buying Italian property is that they should…

What are usucapione property rights? Usucapione property rights in Italy date back to Roman law. The closest terms to Usucapione in common law are limitation of rights and adverse possession. According…

Should you have a survey before you buy property in Italy? Because for most people buying a property is a major expense, not commissioning an Italian property survey is a…

Introducing the Italian rent to buy scheme In September 2014, the Italian parliament introduced measures to revitalise the property real estate sector. Measures include an Italian rent to buy scheme…

Italy is a popular country for second or holiday home ownership. Think long term. If you are buying or already own a property in Italy, do you want to keep…

Dreaming of building your own place in Italy? In pursuit of their Italian dream home, some people decide on self-build projects in Italy. If you are thinking of building a…

Are you resident or domiciled in Italy? In this article, we compare being resident or domiciled in Italy and explore the tax implications. According to Italian tax law, individual tax residency…

Inheriting an Italian estate Under Italian inheritance law, beneficiaries not only inherit a share of the deceased’s estate, they are also liable for any debts. If debts exceed the value of…

In Italy, children have the right to a personal relationship with both parents It is important to understand parental rights in Italy for those living or moving to the country.…

In some parts of the world, buying property at auction is routine Buying Italian property at auction, however, is not quite so straightforward. There are two types of auction in…

Close family members take precedence in Italian inheritance Testamentary succession is determined in accordance with the provisions of a lawful will and the applicable rules of law In Italy, the disposal…

What you absolutely must understand before buying a house in Italy In order to make your purchase as safe and efficient as possible, before buying a house in Italy, you…

“Italian property purchases. What’s the legal position when it comes to defects and noncompliances?” Over the years, De Tullio Law Firm has helped clients deal with all sorts of defects…