The role of the notary in real estate transactions in Italy

10/02/2025   Category:  Notarial and Legal Services

When it comes to buying and selling real estate in Italy, one professional figure is always involved: the notary. His intervention is not just a formality, but represents a guarantee of legality, transparency and protection for all parties involved.

Who is the notary public?

The notary is a public official and a legal professional. In Italy, his role is regulated by precise rules and his main function is to ensure the legality of the acts entrusted to him. He is impartial and has the duty to protect both parties: buyer and seller.

Why is it mandatory in real estate purchases and sales?

Italian law requires the intervention of the notary public to make the buying and selling of real estate valid. The deed must be drawn up in public form and transcribed in the real estate registers in order for the buyer to become the full owner of the property.

What does the notary do in a purchase and sale?

The notary performs numerous activities, often invisible but crucial to the successful outcome of the transaction:

• Preliminary checks:checks the urban and cadastral regularity of the property, ascertains that there are no mortgages, liens or judicial pendency.
• Management of documentation: gathers the necessary documents, including those relating to the identity and legal capacity of the parties.
• Drafting of the notarial deed:writes the deed in a manner that complies with the will of the parties and applicable law.
• Reading and explanation:during the stipulation, reads the deed and clarifies each point so that the parties are fully aware.
• Recording and Transcription:records the deed and transcribes it in the real estate records, making the transaction official.

How much does the notary cost?

Costs vary depending on the value of the property and the complexity of the deed. Generally, the notary's cost includes:

• The professional's fee
• The taxes due to the state (registration, mortgage, cadastral)
.
• The out-of-pocket expenses and stamps

It is usually the buyer who chooses the notary and bears the costs, but the professional always remains impartial and a guarantor of legality.

FAQ - Frequently Asked Questions

1. Can I choose my notary even if the seller proposes one? Yes, the buyer has the right to choose the notary. It is advisable to use a notary that is trusted or experienced in real estate transactions.
2. Does the notary check that the property is in compliance with zoning and cadastral regulations? Yes, the notary checks that the property complies with zoning and cadastral regulations, but may require up-to-date technical documentation by a licensed engineer.
3. If I buy from a builder or through an agency, do I still need a notary? Absolutely. Even in purchases and sales between a private individual and a company or handled by a real estate agency, the deed must be formalized by the notary.
4. Can the notary also help me with mortgage and tax benefits? Yes, the notary also assists in the conclusion of the mortgage and provides guidance on tax benefits (e.g., first home).
5. How long does it take to complete a purchase and sale with the notary? It depends on the timing of document collection, but usually the process is completed in 2-4 weeks. The notary coordinates all the steps to ensure fairness and certain timing.

Conclusions

The notary is more than just a "witness": he is a super partes guarantor who ensures the full validity, legality and security of the entire transaction. Relying on a good notary means buying peacefully and without surprises.