How to Transfer Ownership of Property in Italy [easy!]

So, you're looking to transfer property ownership in Italy?

Hey, don’t panic just yet—it's all manageable with the right knowledge.

You’ve got the property; now let’s get it in someone else’s name without losing your mind (or your patience!).

Ready?

Let’s dive in!

Once the deed is signed, the transfer of title takes immediate effect.

The property transfer can be through:

• gift (cessione a titolo gratuito) without a money transfer
• sale (cessione a titolo oneroso) with money transfer

The implications of a gift deed are very different from those of a sale. Let’s give a look.

Gift VS Sale

Selling a property that has been donated means facing several problems, namely:

1. Risk of reduction actions by the heirs, who could claim the rightful share. This risk makes buyers more reticent, as they fear eviction, i.e. property loss.
2. The signing of insurance policies or contractual guarantees increases the costs for the donee and reduces (but does not nullify) the risk of reduction actions by the heirs.
3. Banks are reluctant to finance the purchase, so the number of potential buyers is dramatically reduced.

To all this, there is a solution. Contact me for more information.

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Costs to transfer ownership

In case of sale, the main costs to transfer a property’s ownership are:

• Buying and selling taxes (paid by the buyer). In the case of a sale between physical persons, the taxes are registration tax (2% for the first house and 9% of the cadastral value for the second house), mortgage tax (50€ for the first house and 2% of the value of the property for the second house), cadastral tax (50€ for the first house and 1% of the value of the property for the second house).
• Notary fee paid by the buyer (usually between 1,000 and 3,000€).
• Real estate agent's commission (if applicable) traditionally paid by the seller and the buyer.

In case of gift, the main costs to transfer a property’s ownership are:

• Gift taxes, which include several items, are to be paid by the donee. First, there is a fixed registration tax of €200 and a stamp duty of €230. Donation tax is calculated on the cadastral value of the property, with rates and deductibles varying according to the degree of relationship between the donor and the beneficiary (from 4%, applicable on the value exceeding €1 million for each beneficiary for spouses and relatives in the direct line, up to 8% without deductible). Finally, there are the mortgage and cadastral taxes, calculated at 2% and 1%, respectively, property's cadastral value.
• Notary fee paid by the donee (usually between 1,000 and 3,000€).

Transcription VS registration

There is a massive difference between the transcription in the Real Estate Register (Conservatoria dei Pubblici Registri Immobiliari) and the registration in the Fiscal Office (Agenzia delle Entrate).

For example, if you sell a house, the notary transcribes the deed in the real estate registers, ensuring that everyone knows the new owner.

Registration is necessary to give the notarial deed a specofoc date and to prove that tax obligations have been fulfilled.

FAQ

Do Italian notaries transcribe and register deeds?

Yes, Italian notaries are legally obliged to perform both functions: they transcribe deeds (making them public and available in the Conservatoria dei Pubblici Registri Immobiliari) and register them (ensuring that the taxes due to the Agenzia delle Entrate are paid). By doing so, the deed acquires legal and fiscal validity

Can you gift / donate property in Italy?

Yes, you can gift or donate property in Italy. This process is known as a “donazione”, and it must be done through a deed of donation (atto di donazione), which transfers ownership of the property from the donor to the donee. The deed must be registered and transcribed to make it public.

What to do if you inherit property in Italy?

If you inherit property in Italy, the steps you should follow are:

1. Obtain an Italian Fiscal Code (codice fiscale), if you are not already a resident in Italy.
2. Check for outstanding debts or mortgages attached to the property.
3. Accept the inheritance formally.
4. File the declaration of succession (dichiarazione di successione) within 12 months of the date of death.
5. Pay inheritance taxes, depending on the relationship between the deceased and the heirs, and the value of the estate.
6. Register the property in the land registry (Catasto) and the public real estate registry (Conservatoria dei Registri Immobiliari).

What happens in Italy if someone dies without a will?

If someone dies without a will in Italy, the assets are divided among the closest family members according to intestate succession laws. The surviving spouse and children share the assets, with specific portions depending on the number of children. If no children exist, the spouse may inherit everything or share it with the deceased's parents or siblings. If no spouse or children are present, the assets go to parents, siblings, or more distant relatives. If no relatives exist, the assets go to the state.

How to transfer property in divorce proceeding in Italy?

In Italy, transferring property during a divorce involves several steps:

• First, both parties need to agree on how to divide the property, which can be done through a consensual divorce agreement or court mediation.
• Once an agreement is in place, it must be formalized in the divorce decree.
• Then, a notary prepares a deed of transfer (atto di trasferimento) to officially transfer ownership from one spouse to the other. This deed is signed, notarized, transcribed and registered.

How to change names on an Italian deed?

The procedure to change the name on a deed depends on the type of deed, in particular:

• Preliminary: thanks to the ‘reservation of title’ clause (riserva di nomina), most preliminary contracts allow the buyer's name to be changed in the notarial deed of transfer of ownership. The notary may charge a small additional fee.
• Deed of sale: the only way to change the name on a deed in Italy is through a deed of sale signed and authenticated by an Italian notary. This must be documented in writing and registered in the Real Estate Register, taking immediate effect upon signing, whether it's a gift (without money transfer) or a sale (with money transfer).

Elena Manzhos: Mother of two beautiful children, wife, and real estate agent for over 15 years. Frankly, I don't know what is more complicated. More than 20 years ago,  I moved to Italy from Eastern Europe, where I taught English. I have always had a deep-seated passion for houses; as a child for the Barbie house, and now as a real estate professional, my love for luxurious properties is unwavering.
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