Many foreign buyers assume that, because a notary is involved, an Italian property purchase is fully checked and their interests are protected. It is one of the most common, and most expensive, misunderstandings. The Italian notary (notaio) plays a central role, but it is a different role from the one many people expect.
The notary is a public official, not your lawyer
In Italy the notary is a public official who must be impartial between buyer and seller. The buyer usually chooses and pays the notary, but the notary does not represent the buyer, does not negotiate for you and does not advise you on whether the deal is a good one.
What the notary does
- Checks the identity and legal capacity of the parties.
- Checks the public registers: ownership in the land registry, mortgages, liens and other recorded charges.
- Drafts the final deed (rogito) and reads it to the parties before signature.
- Collects and pays the purchase taxes and registers the transfer, so it becomes effective against third parties.
What the notary usually does not do
- Review the preliminary contract. The compromesso is often signed months before the notary is involved, with a deposit. If its terms are wrong, the damage is already done.
- Check the physical property. Unauthorised works, building defects or a garden that is not actually part of the plot are not something the notary inspects on site.
- Fully verify planning compliance. The deed relies largely on documents and declarations provided by the seller and technicians. Planning irregularities can still surface after the purchase.
- Look after your wider interests. Tax planning, how to hold the property, inheritance consequences in your home country: these are outside the notary’s role.
If you do not speak Italian
The deed is in Italian. If you do not understand the language, the law requires an interpreter at the signing, and the deed is often prepared with a translation. Plan this in advance: it affects timing and costs. If you cannot travel, you can sign through a power of attorney.
Where a lawyer fits in
Your own lawyer works only for you: reviewing the offer and the compromesso before you sign, coordinating the technical checks with a surveyor (geometra), negotiating with the seller and checking the draft deed before the appointment with the notary. The notary and the lawyer are complementary, not alternatives.
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