In 30 seconds
Italian law gives the buyer a warranty against hidden defects, but the deadlines are short: the defect must normally be reported within 8 days of discovering it, and the action usually expires one year from delivery. Serious building defects have a separate regime against the builder. Act quickly, document everything and report in writing.
A foreign owner often notices damp, a leaking roof, or a heating system that does not work only after moving in or after the first winter. The question is who pays. This guide explains the main rules in the Civil Code and the steps that protect your claim. If you are still before the purchase, read our guides on buying step by step and on unauthorized works.
The seller’s warranty
Under the Civil Code (articles 1490 and following), the seller guarantees that the property is free from hidden defects that make it unfit for its use or significantly reduce its value. The buyer may ask for a price reduction or, in serious cases, for the cancellation of the contract. Compensation may also be due if the seller knew of the defect.
The warranty does not apply to defects that the buyer knew about or that were easy to see. This is why a surveyor’s inspection before signing, and a careful reading of the deed, matter.
The deadlines that can cost you the claim
- 8 days from the discovery of the defect to report it to the seller. According to the Code, the report is not needed if the seller admitted the defect or hid it.
- 1 year from delivery of the property for the action to be started. The buyer can still raise the defect as a defense if the report was made on time.
Courts apply these deadlines strictly. Send the report in writing, by certified email (PEC) or registered mail, describing the defect and attaching photos. Keep proof that it was delivered.
Frequent case
A problem that happens often. Frequent case described in general terms: names, places and details do not refer to real people or cases.
A buyer from the US moves into a house in Ischia she bought a few months earlier. During the first autumn rains she finds damp in the walls that the seller never mentioned. She sends photos and a surveyor’s note to the seller within days, and asks for a reduction of the price. Because the report is written and made on time, her claim is still alive when the seller replies.
The best path for you
Usually the best path is: (1) a surveyor’s report right away; (2) a written report by certified email or registered mail within the deadline; (3) an attempt to settle on a price reduction or repair paid by the seller; (4) court action only if the settlement fails, before the one-year limit.
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
Serious building defects: the builder’s liability
If the home is a new or recently built property, article 1669 of the Civil Code provides a separate, longer protection against the builder for serious defects of the structure or the building’s durability. According to specialist guides, the period is 10 years from completion, with the defect to be reported within 1 year of discovery and the action started within a further year. The rules differ if the seller is not the builder, so the facts of each case matter.
Other problems that are not “hidden defects”
- The property is different from what was agreed (for example a different cadastral category or missing certificates): other remedies and longer limitation periods may apply.
- Unauthorized works or missing planning compliance: these can make the deed vulnerable and require a technical and legal review.
- Condominium defects in common parts are handled with the condominium.
First steps to take
- Photograph the defect and keep invoices and messages.
- Ask a surveyor for a written technical report.
- Send a written report to the seller (and, for a new build, to the builder) within the deadline.
- Gather the deed, the preliminary contract and all certificates.
- Ask a lawyer to assess whether to negotiate, start mediation or sue.
How attorney Fiorentino can follow you
- Check the deed and the dates to see which deadlines are still open.
- Draft the written report to the seller or the builder.
- Negotiate a settlement or start the proceedings, with you attending by video call if you live abroad.
Frequently asked questions
Is 8 days really so short?
Yes. It runs from when you discovered the defect, not from the purchase, so write down the date and report at once.
Can the deed exclude the warranty?
Some deeds limit it, but a seller who knew of the defect and hid it cannot rely on the limit.
Does the one-year limit start at the deed?
It starts from delivery of the property, which may differ from the date of the deed.
Can I sue from abroad?
Yes, through an Italian lawyer with a power of attorney. See our guide on powers of attorney.
Related guides
Learn more: Legal guides from Studio Legale Fiorentino.
Problems with a home you bought in Italy?
Every situation must be assessed on the documents of the specific case. You can consult the firm from anywhere in the world: by video call, phone, WhatsApp or email. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
Information updated on October 13, 2026. This is general information, not legal advice. The firm does not advise on United States or United Kingdom law or taxes.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.