Final deed in Italy: how it works?

by Antonio Anile

I bet you often came across the words “Rogito Notarile” (notarial final deed, in Italy), when reading about buying a property in Italy.

Everyone mentions this important stage of the purchase without necessarily explaining what exactly happens on the day of the final deed in Italy in presence of the notary – when you will be given the keys to your new home.

With this article you will understand exactly how to get to this important moment and which documents, in the preceding weeks, the notary will ask you – what happens and how it happens during the final deed in Italy.

Notarial final deed in Italy – hints:

Let’s start by saying that the deed, although it is the most important moment in the process of buying a property, since is the moment when the ownership is legally transferred to the new owner, is generally also the one that you live with more stress.

In the previous days, the Notary has carried out a final check to ensure that there are no mortgages and pending costs of any kind, and that the property you are purchasing is in order from an urban and cadastral point of view, with the help of a Technical Report of Urban Compliance, drawn by a professional (usually hired by the seller).

I would always suggest you, as the buyer, to also hire technician yourself to verify that what the seller’s professional certified is correct.

Do not be surprised of this, I always advise my customers buyers not to underestimate this step.

Better to spend a few hundred euros to be sure that what you are buying is in full swing, rather than being in unpleasant situations after concluding the purchase (…maybe realizing it after a few years).

For the day of the final deed, the seller must receive the payment of the entire amount and you must receive, in addition to the key to the new property, all the original documentation that gives way to track the “history” of the property itself, the maintenance books, any certificates of technological equipment and, if the property is located within a condo, a statement from the administrator of the building that ensures that the seller has paid all the ordinary and extraordinary expenses up to the date of the final deed.

Since the seller will have to receive the entire balance, make sure you have already transferred the money to Italy in time to fulfill your financial commitment.

There are various ways of doing this:

  1.  You can open a bank account in an Italian bank in the preceding weeks, transfer the money from your country and use a cheque made payable in the name of the seller, with the established amount (before you have to get the Tax Code – real this article >>> https://www.namarealestate.it/en/apply-tax-code-italy/);
  2.  A few days before the final deed you can transfer the amount required from your bank account in your country, directly to the bank account of the notary, who in turn will issue a cashier’s cheque that will be delivered to the seller on the day of the deed. Do you need to transfer your money ?  I’d like to explain you it in brief >>> https://www.namarealestate.it/en/transfer-money-to-italy-to-buy-a-property/

Italian law requires that the acts must be written in the Italian language.

However, when the parties declare not to know the Italian language, the deed may be written in a foreign language, provided that this language is known by the notary.

The text in a foreign language will be accompanied by the translation into Italian

If the notary does not understand the foreign language of the parties, it will still be possible to finalise the final deed in the presence of an interpreter chosen by the parties.

In the latter case, the document will be drawn up in Italian, but will also be accompanied by the translation written by the interpreter in the foreign language.

The notary, possibly with the help of the interpreter, shall then read the act and its translation into the foreign language to the parties.

They will then be able to verify that the notary has correctly stated their will in the final deed, before signing it with their own signature.

Once the notarial deed has been read, it is signed by the seller and the buyer.

From this moment the notary will have 30 days to register and transcribe the signed deed to the Revenue Agency and the Registrar’s Office.

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