Buying a Home in Naples as a Foreigner: Unauthorized Works and Amnesties

Why the planning check matters more in Naples

The buildings of Naples date from very different periods: historic palazzi in the center, homes from the last century, extensions and attics converted into living space. It can happen that the home you visit does not match the approved plans. Foreign buyers often rely on the agency and on the cadastral floor plan. That is not enough. The cadastral floor plan serves the tax authorities: it does not prove that the works are lawful.

The three basic checks

1. Who the owner is

The seller must appear as the owner in the property registers.

2. The land registry

The floor plan must match the home as it is today.

3. The building permit

The works done over time must have a building permit. Ask to see the documents; do not rely on words.

Amnesties (condono) and regularization (sanatoria)

Some unauthorized works were amnestied in the past, that is, regularized by the State. An amnesty application that was filed is not the same as an amnesty that was granted. Ask to see the application, the payments and the final decision. For works that were not amnestied, a regularization (sanatoria) may exist, but it has precise conditions and is not always possible. To read the file, you request access to the records from the municipality. To find out which office to contact and how, see the official website of the City of Naples.

Features specific to Naples

• The ground beneath Naples has cavities in the tuff. For an old building, ask whether there are reports or surveys.
• In the historic center there may be restrictions imposed by the Soprintendenza.
• In some municipalities near Vesuvius there are special rules for building and living.

For updated details, see the official websites of the municipality, the Campania Region and the Ministry of Culture.

Preliminary contract and deed of sale

With the preliminary contract a deposit is usually paid. This is why the checks must be done before, not after. Ask for the draft in advance and read it calmly. Before you sign, ask the notary or the lawyer. For taxes on the purchase and for the Italian tax code, see the website of the Italian Revenue Agency (Agenzia delle Entrate). The firm does not handle the law or taxes of other countries.

Typical case

A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.

A foreign couple wants to buy an apartment in the Vomero with a mezzanine converted into a bedroom. The seller says everything is fine. The documents show that the mezzanine is not covered by any permit. Before paying the deposit, the seller is asked to regularize it, or the couple walks away.

Frequently asked questions

Can the deposit be recovered?

It depends on what the preliminary contract says and on who fails to honor the contract. It must be read before you sign.

Does the cadastral floor plan prove that the home is in order?

No. It serves the tax authorities and does not say whether the works have a permit.

Learn more: Legal guides from Studio Legale Fiorentino.

Original in Italian: Comprare casa a Napoli da straniero: abusi e condoni

Author: avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. Sources: City of Naples (comune.napoli.it), Agenzia delle Entrate (agenziaentrate.gov.it), Regione Campania (regione.campania.it), Ministry of Culture (cultura.gov.it), given as references. It is not legal advice. The firm does not handle the law or taxes of other countries.