A notary, or notaio, in Italy is a public officer, appointed by the state and whose role is to authenticate and attest acts. He/she works within the law, with families and businesses to create appropriate legal solutions that satisfy both the law and the aims of both parties, thus discouraging any future litigation.

Although is it not common practice to enlist the services of a private solicitor (avvocato), no property transaction in Italy cannot be undertaken without the intervention of a notary. Once you have chosen the property that you wish to purchase, the time has come to also choose a notary to carry out the required formal document checks on said property, including ownership, land boundaries, rights of way and existing mortgages.

It is normal practice that the notary be both chosen and paid for by the buyer, although it is worth bearing in mind that he/she is there in an official capacity as a government representative and not to represent either the seller nor the buyer. The notary is always a neutral party in the property transaction.

As part of his/her investigations, the notary will confirm the identities of buyer and seller, as well as confirming that the respective parties are entitled to part of the transaction.

Another part of the Italian notary’s duties is to calculate the taxes (imposta ipotecaria e catastale, valore catastale and VAT (IVA) if you are purchasing a new build) due to be paid on the transaction, to collect said taxes on completion of the property sale and then to pay them on behalf of the two parties.

When the notary has finished his/her research, a date will be set for the rogito (deed of sale) to be signed in person in the notariato (notary’s office). You will be required to provide your passport, codice fiscale, mortgage documents and marriage certificate if applicable. The buyer, the vendor and the estate agent will be present (it is recommended that you also have an interpreter/translator, at your own cost, if necessary).

The notary will read through the entire deed of sale, asking you and the vendor to sign/initial each page to show your understanding of the conditions. You will also be asked to sign the most recent planemetria to confirm that the property is still as stated. Once the deeds have been read, payment should usually be made with an assegno circolare (banker’s draft). The notary fees and taxes can be paid together, and with a normal cheque.

The notary will undertake to register the contract of sale within three days, and the deeds will then be sent to you within a short space of time. Notaries (notai) in Italy will often specialise in the following fields: Conveyances (transferimento di proprietà), Property Law (diritto di proprietà), Family Law (diritto di famiglia e diritto di minorile), Corporate Law (diritto societario) and Successions (eredità) and are able to provide consultations regarding contractual obligations.

Under Italian law legge notarile (Legge 16 Febbraio 1913 n. 89), notaries must provide impartial and independent advice to all parties. As a foreigner living in Italy, the list below provides examples of when you may require the services of an Italian notary:

- purchasing real estate.

- formalising a mortgage with an Italian bank.

- preparation of power of attorney for a third party.

- changes to property ownership between spouses.

- court application pertaining to authorisation regarding a minor.

- donation of assets.

- last will and testament.

- formalising legal documents to set up or make changes to a company.

- confirming acceptance and use of foreign public documents in Italy.

All notaries in Italy should belong to the Consiglio Nazionale del Notariato, a body that can of course be approached for assistance if you are in any way unhappy with the service or advice that has been provided with you by your notary of choice.

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