A summary of the legal procedures involved in purchasing land/property in Italy

1. Select your dream property, ensuring that you have visited the property and clarified issues such as: vacancy; rights of access and utilities. Make an offer. Negotiate until agreement in principle is reached. Sardinian Homes can help.

2.  Prenotazione - Confirmation of initial agreement and intention to purchase, often including a deposit of about 10%, which is usually refundable (but confirm this in writing), minus any agreed expenses. Sardinian Homes can help.

3.  You may now want to use the services of an independent Geometra (surveyor) to confirm that boundaries, building specifications and utilities conform to the legal descriptions, legal standards and local planning requirements involved in the terms of the future contract.

You may now also want to confirm an offer of mortgage (mutuo) with a UK bank/building society or an Italian bank.

For all the above, Sardinian Homes can help.

4.  Compromesso - Preliminary Contract of Sale confirming a commitment to purchase. This is a legally binding document requiring a non-refundable deposit of around 20%. You lose this deposit if you later decide to pull out, but the vendor has to pay you double this deposit if he/she pulls out. For obvious reasons this rarely happens! Before signing at this stage you need to be certain you want to proceed and you must have confirmed your access to the full finance required to conclude the deal. Details in the compromesso usually include: sale price; deposit (caparra); completion date; land boundaries & property details; special clauses such as utility rights & rights of passage. Sardinian Homes can help.

5.  Rogito (Purchase Deed) - The final completion process is overseen by a local Notary (*Notaio - see below), with both parties present. It will include: document signing; final balance payment; preparation of the Purchase Deed; payment of Italian taxes & Notary fees; document registration. Sardinian Homes can help.

*Notaio - In Italy the purchase of real estate is overseen by a Notary (representing the state, and independent of both parties) The Notary is highly qualified and has wide-ranging duties, including the collection of state taxes due; searches with Property Registry to ensure the title and deeds to the property belong fully to the vendor and are free of "liens", debt claims on the property, (if you buy a property with "liens," responsibility for settling them passes to you - a good trick but not one you would appreciate!); registering the new title with the Property Registry; depositing the deeds with the relevant authorities on your behalf.

Notary fees are quite high but determined by the sale price, regardless of how much you use the Notary's services. Overseas clients are sometimes not aware that the Notary is willing and able to perform many tasks on your behalf as an all-inclusive service. Much money can be wasted by employing your own lawyer to do work that the Notary would expect to do for you at no extra charge. The office of Notary is high status and much respected. A Notary cannot afford to damage his professional reputation by not being independent or rigorous.

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