Buying property in Italy: offer, contract and deed

The offer: proposta irrevocabile

The offer is a written proposal to buy at a stated price, with a deadline during which it cannot be withdrawn. If the seller accepts it in writing before the deadline, the offer works, in practice, as the preliminary contract. That is why the offer should already contain the price, the deposit, the date of the deed and the conditions you need, such as a mortgage approved by the bank. Read every line before you sign it, and ask us to explain any clause you do not understand.

The preliminary contract, or compromesso

The preliminary contract is the document that fixes the sale before the deed. It is signed by buyer and seller, often at the agency's office or in front of the notary, and it contains the price, the deposit, the date of the deed and the conditions that can release either party. In England and Wales a sale is not binding until contracts are exchanged, so either side can still walk away before that point. In Italy the preliminary contract carries legal consequences from the moment it is signed, and this is the first point where most newcomers are surprised.

The deposit, the caparra confirmatoria, is the sum paid at signing. If the buyer fails to go through with the contract, the seller can keep the deposit. If the seller is the one who fails, the buyer can ask for twice the amount back. Italian courts require a real and culpable failure, not a change of mind, and which of the two happened is a question for a lawyer. The rule comes from article 1385 of the Italian Civil Code, and it is the reason not to pay a deposit before the contract has been read and the title checked. The Civil Code is published on normattiva.it.

The notary is a public official, not your lawyer

In Italy the notary is a public official appointed by the state. He checks that the seller owns the property, that there are no mortgages or other burdens that would survive the sale, that the building and the plans are in order, and he then receives the deed and records it. He acts for the legality of the transfer, not for one party. A buyer who wants advice on the contract still needs a lawyer or a trusted adviser, and that cost is separate from the notary's fee.

In Italy the buyer usually chooses the notary: tell us who you have chosen, or ask us for names before you sign. The date of the deed, the place where the price is paid and the registration of the deed all depend on that choice.

What is checked before the deed

• The cadastral record (visura catastale). It shows who the owner is on the Land Registry and what the property is registered as.
• The floor plan (planimetria catastale). It must match the flat as it is. If walls were moved or a balcony was closed, the plan must be updated first, because a mismatch is often found at the deed.
• The energy certificate (APE). It must be given to the buyer, and the class must appear in the listing.
• The compliance certificates for the systems. Electrical, water, gas and heating installations should each have a declaration of conformity.
• The condominium arrears. The seller and the buyer are jointly liable to the condominium for unpaid fees of the current year and the previous one, so the notary asks the building administrator for a statement of arrears before the deed.

What a purchase costs per square metre, by area

The Agency's published range for purchase in Brera, for ordinary homes in normal condition, is 6,500 to 12,000 € per square metre across its zones, and the Duomo range is 6,700 to 10,900. In Dergano the range is 2,800 to 4,600, and in Bicocca 2,900 to 4,200. These figures are from the second half of 2025, and the weighted averages for each neighbourhood are our calculation on the same data. The range is a guide to the market. It does not value one flat, and it is not a substitute for a valuation of the property itself.

The deed and the transfer

On the day of the deed, the buyer pays the rest of the price, usually with the money from the mortgage, the notary records the transfer, and the new owner receives the keys. The deed is then registered at the Land Registry, which is the step that makes the change of ownership public. Ask the notary to show you the draft of the deed before the day, so that nothing in it is a surprise.

Sources

• Italian Revenue Agency, Real Estate Market Observatory (OMI): quotazioni immobiliari per zona, residential homes in normal condition, second half of 2025. Licence CC BY 4.0. agenziaentrate.gov.it.
• Italian Civil Code, article 1385 (caparra confirmatoria), and the implementing provisions to the Civil Code, article 63, on condominium arrears. Text on normattiva.it.
• The averages are KW Properties' own calculations on the Agency data, not figures published by the Agency.