Property Due Diligence
Property Due Diligence in Italy: What to Check Before You Sign an Offer
Property due diligence in Italy means checking title, mortgages, planning conformity, and third-party rights before you sign the purchase offer, because an accepted offer can already bind you.
The core checks are a 20-year search of the property registers, a surveyor's comparison of the building with its approved plans and cadastral map, and a review of condominium debts, leases and pre-emption rights. For an apartment, this takes two to four weeks. The notary checks the registers, not whether the building matches its permits.
Do it before the offer, or at the latest before the preliminary contract. After that, walking away usually costs the deposit (caparra confirmatoria, article 1385 of the Civil Code).
What are the key facts about property due diligence in Italy?
- When to do it
- Before the purchase offer (proposta d'acquisto), or at the latest before the preliminary contract (compromesso). After that, walking away usually costs the deposit (caparra confirmatoria, article 1385 of the Civil Code).
- What the notary does not cover
- The Italian notary is neutral between the parties. Under Cassazione, Sezioni Unite, judgment no. 8230 of March 22, 2019, a deed that cites a real building permit is valid even if the building departs from it, so the buyer takes on the irregularity.
- Timeline
- Two to four weeks for a city apartment. Countryside properties with land, outbuildings or heritage listing take longer, because building records must be requested from the town archive, which has 30 days to answer under article 25 of Law 241/1990.
- Documents on the table
- Title deed, cadastral record (visura catastale) and floor plan (planimetria), building permits, certificate of habitability (agibilità), energy certificate (APE), condominium statement and any leases.
- The catch
- Planning and cadastral irregularities are the problem we find most often. Fixing one through a regularization (sanatoria) can take months and cost thousands of euros, and it has to be done before the deed.
Who needs property due diligence in Italy?
Buyers of apartments in historic city centers
A Florence apartment in a building from the 1600s has usually been altered many times. Internal walls, mezzanines and bathrooms added over the decades must match the plans filed with the town and the cadastral floor plan.
Buyers of farmhouses and rural land
A casale in the Tuscan countryside often comes with outbuildings, olive groves and access roads. These bring agricultural pre-emption rights, landscape constraints and boundary questions that do not arise in town.
Buyers purchasing to rent or renovate
Existing leases pass to the buyer with the property, and renovation plans depend on what the planning rules and any heritage listing allow. Both need checking before the price is agreed.
What to ask the seller for
0 of 8 in handTick off what the agency or seller has sent you. Missing documents already tell us where to look.
What does the due diligence process involve, step by step?
Several checks run in parallel, which is why an apartment can be cleared in under a month.
Days, for a city apartment. Tap a step to read the detail.
- Days 1 to 5
Collect the seller's documents
We ask the agency or seller for the title deed, the cadastral records, the building permits they hold, the agibilità, the energy certificate, and the condominium details. Missing documents already tell us where to look.
- Days 1 to 7
Search title and mortgages
We run a 20-year search (ispezione ipotecaria ventennale) at the property registers, the Conservatoria dei Registri Immobiliari. It shows the chain of owners, mortgages, judicial liens, attachments, and recorded claims. A mortgage in the seller's name is normal, provided it is paid off and cancelled at the deed.
- Days 1 to 7
Check the seller's right to sell
A married seller under community of property (comunione legale) needs the spouse to sign. An inherited property needs a recorded acceptance of the inheritance. A company seller needs a board resolution and a signatory with powers.
- Days 5 to 20
Compare the building with its permits
A surveyor (geometra) requests the building file from the town archive and inspects the property. The survey compares what is built with the approved plans and the cadastral floor plan, and lists any differences with the likely cost of fixing them.
- Days 5 to 20
Check constraints and pre-emption rights
We verify whether the property is listed as cultural heritage under Legislative Decree 42/2004, whether it sits in a protected landscape area, and whether a neighboring farmer holds agricultural pre-emption rights.
- Days 5 to 15
Review the condominium and any leases
We ask the building manager (amministratore) for a statement of unpaid charges and the minutes of recent meetings, looking for approved extraordinary works. We read any lease in force, because a lease dated before the sale binds the buyer under article 1599 of the Civil Code.
- Days 15 to 25
Report and negotiate
The client receives a written report in English with each issue, its risk and the fix. Findings go into the offer or the preliminary contract as conditions, price adjustments or seller obligations to regularize before the deed.
Where does property due diligence go wrong?
Relying on the notary for planning checks
Foreign buyers often assume the notary confirms that the building is legal. The notary checks the registers and the formal statements required by law. Article 29, paragraph 1-bis of Law 52/1985 requires the seller to declare that the cadastral plan matches the property, and article 46 of DPR 380/2001 requires the deed to cite the building permits. Neither requires anyone to measure the rooms. Only a surveyor's inspection does that.
Checks the paperwork
- The property registers
- The seller's declaration that the cadastral plan matches
- That the deed cites the building permits
Checks the building
- Inspects the property in person
- Compares it with the approved plans and cadastral floor plan
- Lists differences and the likely cost of fixing them
Small irregularities that turn out to be large
A closed-in terrace, a converted attic, or a bathroom moved to a different room can each require a sanatoria. The 2024 Salva Casa decree (Law 105/2024) widened the building tolerances, up to 6 percent for units under 60 square meters for works completed before May 24, 2024. It did not legalize extra rooms or added volume.
Missing a pre-emption right
If the property is listed as cultural heritage, the sale must be reported to the Ministry of Culture within 30 days. The State then has 60 days to buy at the same price, and until that period expires the buyer cannot take possession.
For agricultural land, a neighboring farmer who was not notified of the sale can buy the land from the buyer at the same price within one year of the recording of the deed, under article 8 of Law 590/1965 and article 7 of Law 817/1971.
Condominium works already voted
A buyer is jointly liable with the seller for condominium charges of the current and previous year under article 63 of the implementing provisions of the Civil Code. Extraordinary works approved before the sale, such as a new roof or a facade, need a clear clause in the preliminary contract stating who pays.
How does Studio Legale Capecchi carry out property due diligence?
We coordinate the full review for foreign buyers, in English, before the offer is signed. We run the register searches, check the seller's right to sell, read the leases and condominium records, and verify heritage, landscape, and agricultural constraints. We work with trusted surveyors in Florence and across Tuscany on the building checks, and we translate their findings into legal consequences and contract terms.
You receive one written report with each issue and what it costs to fix, instead of a stack of Italian documents. You no longer have to decide alone whether a discrepancy is a formality or a reason to walk away. The findings become conditions in the offer and the preliminary contract, so the seller carries the cost of regularizing before the deed.
Frequently asked questions
Isn't the notary's check enough when buying a house in Italy?
No. The notary checks the property registers and makes sure the deed contains the statements the law requires, but does not inspect the property or compare it with its permits. Under Cassazione judgment no. 8230/2019, a deed citing a genuine permit is valid even when the building differs from it. Any irregularity then becomes the buyer's problem.
How long does property due diligence in Italy take?
For an apartment, two to four weeks from the moment we receive the seller's documents. The longest step is usually the request for the building file at the town archive. Farmhouses with land and outbuildings, or listed buildings, take longer because there are more permits, more constraints, and sometimes boundary questions to settle.
What happens if the survey finds an irregularity?
It depends on the type. Minor differences within the legal tolerances can be recorded with a surveyor's statement. Others need a sanatoria before the deed, usually at the seller's expense if the preliminary contract says so. Some cannot be regularized at all, and then the choice is between a lower price with a demolition plan or walking away.
Can I buy a house that the seller received as a gift?
Yes, and it is simpler than it used to be. Since Law 182/2025 came into force on December 18, 2025, a buyer who pays for a donated property is protected against restitution claims by the donor's heirs, unless a claim was recorded before the purchase. We check the registers for any such claim.
Do I need to be in Italy for the due diligence?
No. The register searches, the document review, and the surveyor's inspection can all be done without you. We send photographs, plans and a written report in English, and we discuss the findings on a video call. Many clients see the property once, instruct us, and come back only after the checks are complete.
Who pays for the surveyor and the searches?
The buyer normally pays for their own due diligence, because the surveyor and the lawyer act for the buyer and not for the seller. The cost of fixing irregularities is a separate matter. It is negotiated in the offer and the preliminary contract, and we usually ask that the seller regularize before the deed.
Where can I read more?
Studio Legale Capecchi carries out property due diligence in Italy for international buyers from our office at Via Cavour 39, Florence. To have a property checked before you sign, book a consultation. If nothing fits your schedule, let us know, and we will find a time.
Book a consultationSources
- Cass. SU 8230/2019, Altalex
- Fondazione Notariato: la nullità urbanistica dopo le Sezioni Unite
- Art. 8 L. 590/1965, Altalex
- Confagricoltura Bologna: prelazione del confinante
- Soprintendenza Venezia: denuncia di trasferimento, art. 59
- Soprintendenza Venezia: esercizio della prelazione, artt. 60 to 62
- Studio Legale Castello: riforma donazioni, art. 563 c.c.
- Federnotizie: riforma art. 563 c.c.
- Avv. Polidoro: Legge 182/2025 e art. 563 c.c.
Processes we can help you with:
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