Buying Property in Italy from Abroad: Preliminary Checks

It is increasingly common for foreign nationals to be interested in purchasing a property in Italy, whether to live there permanently, as a second home, or as a real estate investment.

For a foreign buyer, it can be difficult to personally verify the legal and administrative status of the property and to fully assess the commitments they are undertaking.

For this reason, obtaining legal assistance from the early stages of the purchase process is essential.

Before making any commitment to the seller or the real estate agency, it is therefore advisable to carry out a number of checks concerning the legal status and compliance of the property:

1. Verify ownership of the property

It is essential to ascertain that the seller is in fact legally entitled to dispose of the property and to check whether any other persons hold rights over it, particularly in cases involving inheritance or co-ownership.

2. Check for mortgages and other encumbrances

Before entering into any commitment, it is advisable to verify whether there are any mortgages, enforcement proceedings, pending legal claims or other encumbrances affecting the property. Their existence does not necessarily prevent the sale from going ahead, but it is important to determine in advance how the matter should be dealt with.

3. Verify the property's compliance

It is important to verify the property's cadastral compliance and its compliance with planning and building regulations, including whether any alterations or extensions have been duly authorised.

These checks should therefore be carried out before signing either the purchase offer or the preliminary agreement (contratto preliminare di compravendita), in order to avoid undertaking binding obligations without first having verified the legal and regulatory status of the property.

With regard to the purchase offer or preliminary agreement, it will subsequently be important to carefully review the purchase price, deadlines, deposit, any conditions precedent, and the consequences of any failure to complete the sale.

For these reasons, obtaining legal assistance from the earliest stages of the purchase process can be essential in protecting the buyer's interests and avoiding unexpected issues.

Milan, 16.09.2026

Avv. Giovanni Babino