Buying Property in Italy from Ireland — Notary Guide

Italy remains one of the most popular countries for Irish property buyers — from Tuscan farmhouses and Amalfi Coast apartments to city properties in Rome, Milan, and Florence. If you are considering buying property in Italy from Ireland, understanding the notarial and document requirements is essential. This guide covers everything you need to know from the Irish side of the transaction.

Overview of the Process

Buying property in Italy involves several stages, each with its own documentation requirements:

1. Property search and selection
2. Preliminary agreement (Compromesso) — a binding agreement to purchase, usually with a deposit
3. Due diligence — legal and structural checks on the property
4. Completion (Rogito) — the final transfer before an Italian notaio
5. Registration — the notaio registers the transfer with the Italian land registry

At various stages, you will need Irish documents that are notarised, apostilled, and translated for use in Italy.

Key Documents You'll Need

Italian Tax Code (Codice Fiscale)

Before you can buy property in Italy, you need a Codice Fiscale — an Italian tax identification number. You can obtain this from the Italian Revenue Agency (Agenzia delle Entrate) or through the Italian consulate. You may need:

• Notarised copy of your passport
• Completed application form

Power of Attorney (Procura)

The most important document from the Irish notarisation perspective is the Power of Attorney. If you cannot be physically present at the Italian notaio's office for the completion, you will need a PoA granting someone authority to sign on your behalf. Requirements:

• The PoA must include specific details about the property, the purchase price, and the powers granted
• It must be notarised by an Irish Notary Public
• It must be apostilled by the Department of Foreign Affairs
• It must be translated into Italian by a certified translator
• The Italian notaio may have specific wording requirements — obtain these in advance

Identity Documentation

• Notarised copies of passports for all buyers
• Proof of address documentation

Marital Status Declaration

Italian property law considers your marital status and the matrimonial property regime that applies. You may need a declaration confirming whether you are single, married, divorced, or widowed, and if married, the property regime that applies under Irish law.

The Italian Notaio

The Italian notaio plays a central role in property transactions that has no direct equivalent in Ireland. Key differences:

• The notaio is a public officer appointed by the Italian Ministry of Justice
• They must verify the legality of the transaction (not just witness signatures)
• They check for encumbrances, mortgages, and liens on the property
• They ensure correct tax payments (registration tax, VAT, etc.)
• They register the transfer with the land registry and tax authorities
• They act as impartial advisor to both buyer and seller
• Fees are typically 1–2.5% of the property value, plus taxes

Italian Property Taxes and Costs

When budgeting for your Italian property purchase, factor in:

• Registration tax (Imposta di Registro): 2% for primary residence, 9% for second homes (applied to cadastral value, not purchase price)
• VAT (IVA): 4–22% if buying from a developer (instead of registration tax)
• Notaio fees: Typically 1–2.5% of the declared property value
• Agency fees: Typically 3–5% plus VAT
• Irish notarisation and apostille: €150–€300 for notarisation plus €40 for apostille
• Translation costs: €100–€300 depending on document length

Practical Tips

1. Engage an Italian lawyer (avvocato) independently of the notaio — the notaio is impartial but you need your own legal advice
2. Get the PoA wording right — ask the Italian notaio for their preferred format before having it notarised in Ireland
3. Allow enough time — the notarisation, apostille, and translation process takes 1–2 weeks
4. Open an Italian bank account — you'll need one for the purchase and for ongoing costs
5. Consider tax implications — both Irish and Italian tax consequences should be considered (consult a tax advisor)

For more on the notarisation process for Italian documents, see our guide on notarising documents for Italy.

How Hugh Phelan Can Help

Hugh Phelan has extensive experience preparing documents for Italian property transactions. As both a Solicitor and Notary Public, he can advise on the Irish legal aspects and handle all notarisation requirements in a single appointment.

Contact us at 021-489-7134 or info@phelansolicitors.com, or book an appointment online.