Purchasing real estate in Italy | Buying a house in Italy | Real estate law in Italy

The law firm Barba & Partner Rechtsanwälte provides you with a lawyer for Italian real estate law. Legal advice on buying a house in Italy. We are specialized lawyers for the purchase of real estate in Italy. Our expertise includes not only Italian real estate law. When a foreign citizen is buying a house in Italy, knowledge of international law is required, too. Barba & Partner from Munich have decades of experience offering competent advice to protect the interests and investments of foreign property buyers in Italy.

Contact us here when it comes to real estate and Italy. We will be glad to provide you with a detailed description of our services and a cost estimate for legal advice on buying a house in Italy in advance. You may also receive more information on the topic of “buying a house in Italy” or “Italian real estate law” at a reasonable price in an initial consultation.

 


Buying real estate in Italy, selling, transferring or bequeathing

We are your international law firm from Munich for your property purchase in Italy! Surely you have heard of us or have searched the Internet for a competent lawyer in Germany for a real estate purchase in Italy using the search terms “advice for real estate purchase in italy”, “house purchase italy”, ” lawyer munich for house purchase in italy”, “lawyer for italian real estate law munich”, “house purchase italy procedure”, “legal advice real estate law italy” or “legal advice italian real estate law”.

 

Customized solutions for an optimal investment in Italy!

To minimize risk, we recommend that you seek advice on Italian real estate law when buying a vacation property. Leave nothing to chance and seek legal advice right from the start of the sales process. A specialized lawyer who knows the local customs can also take over the negotiations on the purchase price, for example. We are Italians and are therefore very familiar with the customs of buying a house in Italy. Leave your purchase to Italian lawyers who specialize in Italian real estate law and who also speak your language. In the past, we have been able to renegotiate the purchase price of vacation homes for the majority of our clients. This has a double benefit for the foreign buyer. Legally secure purchase of a vacation property in Italy and legal fees included. Hiring a specialist lawyer when buying a vacation property in Italy saves you any surprises later on and increases the value of your investment.

 

Barba & Partner Rechtsanwälte from Munich advise on Italian real estate law

Immobilienkauf Italien | Immobilienrecht Italien - Rechtsberatung im italienischen Immobilienrecht durch die Rechtsanwalts-Kanzlei Barba & Partner aus MĂĽnchen.
A vacation property in Italy for the best time of the year

Hauskauf Italien | Immobilienrecht Italien - Rechtsberatung zum Thema italienisches Immobilienrecht durch die Rechtsanwälte Barba & Partner in München.
A vacation property on the Italian coast – a dream may come true

Unique opportunity: Individual legal advice and lectures on Italian real estate law on site – Click here for more information!

People often spend hours researching on the Internet to find out about the legal framework for buying a property in Italy before purchasing a vacation home in Italy. They also look for information on the special features of Italian real estate law. Experiences with the purchase of a vacation property in Italy are also of interest. Here we offer an interesting alternative: competent legal advice on site! Prospective buyers may obtain individual advice on site from competent experts such as lawyers, architects, building contractors, etc. on the topics of buying real estate in Italy, taxes in Italy, emigration to Italy, transfer of foreign real estate by way of anticipated succession, and much more, and receive information on these topics in lectures. Participants can then save many times the costs when purchasing a vacation property.

Watch the presentation on “Pitfalls when buying real estate in Italy” here (in German).

 

Competent legal advice on buying real estate in Italy and on real estate law in Italy

The German-Italian law firm Barba & Partner Rechtsanwälte offers legal advice on buying real estate in Italy from its office in Munich. Barba & Partner Rechtsanwälte also has a branch office in Milan offering Italian real estate law. Correspondence is conducted in German, English and Italian. The lawyers are familiar with the different mentalities as only few lawyers or avvocati on the market are. Property buyers from abroad should not underestimate the special features of Italian real estate law when buying a house in Italy. Foreigners interested in Italian vacation properties can obtain information about Italian real estate law here and get an initial overview of buying real estate in Italy. Foreign buyers are often unaware of what needs to be considered when buying a property in Italy. The dream home in Italy should not become a nightmare. Buying a vacation house in Italy needs to be planned. The same applies, of course, to buying a vacation apartment in Italy.

 

Obtain legal advice when buying a vacation property in Italy

Our Italian lawyers from our law firms in Munich and Milan will be glad to advise you on the purchase of a vacation property in Italy and on Italian real estate law. You can reach us by phone at +49-89-238869815 or online via the usual channels if you have any questions about Italian real estate law. We offer a first advice, which you can book here, for 220 euros. You may also send us an email. Your law firm for Italian real estate law in Munich and Milan. Lawyer Salvatore Barba

 

Buying real estate in Italy – a dream for many foreigners

Italy is a very popular vacation destination for many foreigners. Lake Garda, the Italian Adriatic coast, the Italian Riviera or perhaps the Tuscany region and many other beautiful regions in Italy have always been very popular. The delicious food, the pleasant climate and the many days of sunshine are simply too tempting. People need a lot of sunshine, so they often dream of buying a vacation property in Italy. Who wouldn’t want to own a small house by the sea, a rustico among olive trees or a country house surrounded by blossoming lemons? We are drawn to travel to the country in the south of Europe more often, where we feel at home. Buying a property in Italy is popular with foreigners. Buying real estate in Italy – a dream for many foreigners

 

The purchase price of a vacation property in Italy – when in Rome, do as the Romans do

Buying a house in Italy is extremely attractive in terms of price. The price-performance ratio is often still attractive here. However, prospective buyers of a vacation house or apartment in Italy should be careful, as the prices of vacation properties in particular can vary greatly depending on the region. If you are well informed and have the right contacts, you can already save on the purchase price. Even if it is not unusual to negotiate the purchase price, you need to know how far you can go. Price reductions of 30% are not uncommon. Nevertheless, depending on the region, there may be properties where a discount on the purchase price cannot be achieved. Tact, sensitivity and knowledge of local customs are essential here. However, real estate prices are rising again in some regions.

 

Subsidies in Italy

In a few cases, it is possible to make an attractive investment in existing properties by applying for state subsidies, and thereby increase the value of the property purchased. It should be noted that the subsidies often consist of tax rebates, so that unlimited tax liability in Italy is required for being able to obtain a subsidy.

Renting out a vacation property in Italy

In popular vacation regions, you can rent out the property to tourists at good prices, allowing you to make good profits after deducting costs and choosing flat-rate taxation. In addition, real estate prices are affordable, so that good returns can often be achieved with a real estate investment in Italy. Nonetheless, you should keep in mind certain impasses that may arise in terms of organization.

The emotions involved in buying an Italian vacation home

When buying a vacation property in Italy, we are often guided by our emotions. We are quick to buy a vacation home on Lake Garda, even though the property is completely overpriced by Italian standards. In many countries, we are used to the idea that a property is expensive, especially if it is in a good location. However, people forget that the real estate market in Italy is not comparable to that in other countries. While prices are rising in Germany, for example, the national average in Italy has been falling for years. Should the property be resold at some point, you will be shocked to discover that the vacation home has nowhere near the real asset value that was advertised by the estate agent. It is important to have a loyal lawyer accompany and represent you in your project, independently of the outcome. The lawyer’s costs are quickly recouped as they protect you from making mistakes when buying a house.

Ancillary costs relating to the purchase of real estate in Italy

The ancillary costs relating to the purchase of a property in Italy are lower than those in some other countries. In Italy, the estate agent normally charges a commission of 3% plus VAT. If an estate agent demands a higher commission, you should take action. If a prospective buyer in Italy is represented by a lawyer, a property can also be purchased from private individuals, as the lawyer will thoroughly examine the property for the prospective buyer. This reduces the ancillary purchase costs considerably, as the estate agent’s commission is often the highest item among the ancillary purchase costs in Italy. The buyer usually chooses the notary. It is important to note that the prices for notarization can vary from case to case, so that savings can also be made on notary fees in Italy. Besides, there are also taxes for the registration of the change of ownership. There is no land transfer tax in Italy.

Representation by a lawyer specializing in Italian real estate law

When buying a property in Italy, it is not mandatory to be represented by a lawyer. Nevertheless, for various reasons, it is advisable to be represented by a competent lawyer specializing in Italian real estate law when purchasing your vacation property. The lawyer is the only professional who solely represents the interests of the buyer, as the buyer is his client. The seller has an interest in selling his property at a good price. The estate agent has an economic interest in the buyer concluding a preliminary contract so that they can earn their commission. The higher the price, the higher the commission. The notary is not an advisor, as he or she is neutral with regard to the buyer and seller.

The advantages of being representated by a bilingual lawyer

The lawyer examines the property and all related documents. Particular attention is paid to building regulations. The lawyer will inspect the land register and check whether there are any encumbrances or easements. If the construction of the building makes it necessary, the lawyer will consult a surveyor or architect on site. The bilingual lawyer also saves the costs of an interpreter and translator. This is necessary at the latest when the notary contract is concluded if the buyer does not speak Italian or speaks it poorly. In addition, the lawyer negotiates the purchase price and the broker’s commission, if it exceeds the regular rate of 3%. The lawyer also chooses the most convenient notary for the buyer. Experience has shown that bilingual avvocati in Italy can be more expensive than Italian-speaking lawyers abroad. VAT is 3% lower in Germany. In Italy, clients also have to pay an additional 4% of the net fee into the lawyer’s pension fund.

The pitfalls of Italian real estate law

For historical and cultural reasons, Italian real estate law is very different from the law which can be found in some other countries. In Italy, it is customary to conclude a preliminary contract. Many mistakes can be made here that will come back to haunt you later. Many provisions should already be negotiated when the preliminary contract is concluded. Otherwise, you run the risk of discovering at the notary that important clauses are not part of the notarial deed. In most cases, renegotiation is then no longer possible. In practice, therefore, many foreign prospective buyers underestimate the importance of the Italian preliminary contract. The legal effects of an Italian preliminary contract are often unknown. In contrast to the rather weak preliminary contracts in other countries, in Italy the preliminary contract is already binding upon signing and regularly involves a down payment of between 10% and 30%. The breach of obligations arising from the Italian preliminary contract results in the obligation to pay a contractual penalty. Buyers should also bear in mind that in Italy the estate agent’s commission is payable on signing the preliminary contract.

 

The vacation home or vacation property in Italy – an economic approach

Prospective buyers can save money in particular on properties in locations away from the usual places. You should also bear in mind that despite the high temperatures in summer, the climate in Sardinia or Sicily is more pleasant for many people than the changeable climate on Lake Garda. Sweltering heat is typical for large parts of Tuscany, Lombardy and Veneto in summer. It is much more pleasant in Umbria, for example. What’s more, even the food tastes better to locals in the south than in the north. True relaxation is more likely to be found away from the tourist hotspots. You should therefore always get as much information as possible before making a purchase decision. You should also think carefully about the purpose of buying a vacation home. The running costs of a vacation property can be considerable. The Italian state often grants subsidies that do not have to be repaid. Representation by a bilingual lawyer is recommended here, as otherwise there is a risk of severe penalties and payments.

The impact of Corona on the Italian real estate market

During the coronavirus pandemic, real estate sales slumped by almost 20% in the first half of 2020. However, the Italian real estate market then stabilized in the middle of 2020. Prices in Milan have been rising again since the end of 2021. The demand for houses with a garden or terrace is notable. Economically, many people have recovered since life returned to normal. Nevertheless, inflation and high energy prices are also having an impact in Italy. Some Italians are selling their vacation homes. Prices are rising again in the high-price segment and in major cities. In Sicily in particular, there is currently a very high level of buying interest among US Americans, perhaps also due to the strength of the dollar. In any case, there will be an oversupply of properties in Italy in the low and average price segment in the medium term. This development will put pressure on the market. However, this is also an opportunity to acquire a vacation home in Italy at a reasonable price.

Selling real estate in Italy

Selling a property in Italy is generally uncomplicated, although selling a property can also be tricky. You have owned the property for years. In some cases, modifications have been made. Costs may arise if after signing the preliminary contract it is discovered that some modifications have been carried out without planning permission. If you only find out after signing the preliminary contract that taxes have not been paid in full in the past, this is inconvenient, too. What happens if the notary discovers that the land register is incorrect shortly before the notary contract is signed?

Real estate in Italy – acquisition by anticipated succession

Time and again, assets are transferred to children as part of anticipated succession or in the form of a gift. Such a transfer makes sense and may be more favorable than transferring the property by way of inheritance. However, in order to avoid surprises, the transfer should be well planned and designed, taking into account Italian law and therefore also Italian real estate law.

Real estate in Italy – acquisition by inheritance – foreign real estate as part of the inheritance

If a house in Italy is part of an inheritance, the ownership must be properly registered in Italy. Problems can arise if the deceased made alterations to the house during his or her lifetime without official approval. Unpaid taxes and duties are always problematic. We provide you with specific advice on Italian inheritance law and explain you the necessary measures. Leave your heirs the pleasure of having your property in Italy and no unnecessary problems and costs. All too often, Italian properties have to be “put in order” before they are transferred to the heirs. If this is only done by the heirs in the event of inheritance, this often leads to major obstacles that delay or even prevent the transfer or a planned sale. Foreign prospective buyers are impatient when buying a house in Italy.

Real estate in Italy as part of the inheritance – forced sale in Italy

If an Italian property is part of an inheritance, we strongly advise against dissolving the community of heirs by forced sale – not only because of the length of the proceedings. The costs significantly reduce the revenue.
Real estate in Italy – acquisition by inheritance – foreign real estate as part of the inheritance
It happens time and again that heirs are confronted with the fact that they have inherited a house in Italy that was purchased with illicit funds. Many heirs also disregard their obligation to notify the tax office in their home country. It should be noted that inheriting a property abroad can lead to criminal tax proceedings in your own country. Caution is advised! It is strongly recommended to engage a specialized lawyer.

Taxes when buying real estate (tax law in Italy)

The purchase of real estate in Italy results in a tax liability there. Of course, there are a number of special tax rules to be observed in Italy. Thanks to our many years of expertise, we can support you both linguistically and legally so that you can enjoy your property in Italy.

Emigration to Italy

If you are in a position to do so, you should consider moving to Italy. Italy has been offering interesting tax programs here for years, which allow for tax-free income of up to 90%. Long-term planning and legal advice are essential in this case. If you are leaving Germany, you should at least reduce the exit tax to a minimum through clever planning so that the tax advantage in Italy is not offset by the German tax burden. We recommend the book “Wegzug aus steuerlichen GrĂĽnden” (“Relocation for tax reasons”) on the subject of relocation taxation. Lawyer Salvatore Barba provides an overview of the tax benefits available to newcomers in Italy.

Selling real estate in Italy

Selling a property in Italy requires planning too. As a seller, you are liable for transferability. Those who have bought a property without a competent lawyer will often experience unpleasant surprises. It is not uncommon for owners of vacation properties in Italy willing to sell to be faced with high costs that they had not anticipated. If the sale is poorly planned, you may often find yourself exposed to claims for damages from potential buyers. Sometimes it is very surprising when the seller in Italy has to carry out demolition work before being able to sell the property, as the local building authorities generally do not subsequently approve “do-it-yourself constructions”. This is annoying, especially if the seller does not have the money and ends up finding that the sale revenue is significantly minimized. When selling a vacation property in Italy, you should also bear in mind the speculation tax.

Donating real estate in Italy

Without legal advice, a donation can involve high costs too. Many real estate owners in Italy forget, for example, that donations of Italian real estate should also be reported to the tax office in their home country. With professional advice, owners of real estate in Italy can save taxes on donations.

Our tip for real estate + Italy

Contact us here here in good time if you intend to buy or sell a vacation home in Italy. This is the only way to ensure that the property purchase or sale runs smoothly and that you do not incur unnecessary costs.

  • Legal expertise, particularly in Italian real estate law, but also in German law
  • Individual assistance and customized solutions, tailored to your personal needs and goals
  • Cost predictability and cost transparency through early determination of costs
  • Multicultural competence thanks to knowledge of the German and Italian mentality
  • Ongoing status reports and comprehensible explanations of complex legal issues
  • National network of notaries, tax consultants, surveyors, architects and real estate agents
We are glad to assist you with questions concerning your foreign real estate holdings. It goes without saying that our expertise lies mainly in the Italian real estate market. Get comprehensive advice from an expert before you buy, so that the vacation property doesn’t become a burden later on.

Further information on real estate on Lake Garda or 1 euro houses in Italy.

Rechtsberatung Immobilienrecht Italien für Immobilienkauf Italien | Kanzlei München Barba & Partner Rechtsanwälte

Purchasing real estate in Italy | Selling real estate in Italy with sound legal advice on real estate law in Italy

Lawyers Barba & Partner in Munich for buying and selling your property in Italy

Further information on the subject of buying real estate / buying property or buying a house in Italy and / or real estate law in Italy: Buying real estate in Italy