Real Estate Law Checklist

Disclaimer: This is a list of the main documents generally required (and therefore may not be exhaustive). Please contact your notary in order to have more detailed information on the documentation required according to your specific case.

Purchaser section

I. Natural persons

• Identity document (indicating possible changes of residence)
• Fiscal code
• Extract of the matrimonial act or certificate of stato libero (civil status certification) or registered partnership
• Copy of possible matrimonial conventions or partnership agreements
• For non-EU citizens: residence permit and entry VISA.

II. Legal persons

ID copy of the representative

Legal name, seat and fiscal code (possibly providing the Business Register certificate)

Possible Decision about the delegations of powers

III. In case the new purchased home will be used as main residence (prima casa)

• Copies of the conveyancing deed of the previous home and of the invoice of the seller  and/or the notary in order to benefit from the deduction of the imposta di registro tax stamp duty for registration) or the VAT (credito d’imposta).

IV. In case of purchasing related to the main residence (prima casa)

• Copy of the purchasing deed

V. Other

• Copies of the means of payment of the amounts already paid
• Data concerning the real estate agent with indication of the agreed fees and copy of the means  of payment of the amount already paid
• Copy of the preliminary agreement deed.

In case of request of mortgage (loaning):

• Information about the bank giving the loan.

Seller section

I. Natural person

• Identity document (indicating possible changes of residence)
• Fiscal code
• Extract of the matrimonial act or Certificate of stato libero or registered partnership
• Copy of possible matrimonial conventions or partnership agreements
•  For non-EU citizens: residence permit and entry VISA.

 II. Legal persons

• ID copy of the representative
• Legal name, seat and fiscal code (possibly providing the Business Register certificate)
• Possible Decision about the delegations of powers.

III. Other

• Copy of the purchasing deed and of possible fiscal declaration on succession and, generally, of documents concerning the transfers mortis causa (testaments, inheritance acceptation, European Succession Certificate)
• Copy of the plans registered at the Cadastre and other cadastral documentation
• Copy of the means of payment for the amount already received
• Copy of the conveyancing preliminary agreement
• If the buyer pays the price including the pre-existing mortgage, a copy of the invoice payment of the last quote of the mortgage
• If there is no-extinguished mortgage on the property, a copy of the invoice of the cancellation of the mortgage and a copy of the permission to cancel or letter from the notary who is in charge of the cancellation or certificate from the bank about the electronic sending to the Tax Agency
• Copy of the condominium regulations and declaration from the condominium administrator  certifying the payment of all condominium expenses and indication of possible extraordinary expenses and/or current litigations
• Copy of the certifications regarding the building of the immovable property (building permits, various procedures)
• Copy of the habitability certification or documentation proving the request of it
• In case of land transfer  or if the pertaining area is greater than 5000m2: urban planning certification
• In case of business premises, agricultural land or rented apartment ex lege 432/98: documentation concerning possible options rights
• Energy Performance Certificate (APE – Attestato di prestazione energetica).