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Buying a home in Italy as an American: a step-by-step legal guide

Property in Italy · Guide for American buyers

8 min read · Avv. Renato Giuseppe Fiorentino · Naples Bar Association · Published October 10, 2026 · Updated October 10, 2026

In 30 seconds

Americans can buy a home in Italy, but the process is different from the United States: a preliminary contract first, then a deed before an Italian notary. Before you pay anything, get a codice fiscale (Italian tax code), have the title and the building permits checked, and decide who will sign for you if you cannot travel.

Many Americans fall in love with a house in Campania, Puglia or Lazio during a holiday and sign the first paper the agent puts in front of them. In Italy that paper may already be binding. This guide explains the steps in the order they happen, who does what, and the checks that protect you before you pay a deposit.

Legal references

Civil Code arts. 1350, 1351, 1385, 2645-bis

Who does what when you buy in Italy

Four professionals usually take part. They are not interchangeable.

ProfessionalRole
Real estate agentFinds the property and brings the parties together. Does not check the legal title for you.
Surveyor (geometra or architect)Compares the building with the plans and the land registry records.
NotaryA public official who prepares and authenticates the final deed, checks the registers and collects the taxes. The notary is neutral: not your lawyer and not the seller’s.
LawyerActs only for you: reads the preliminary contract, checks the documents, negotiates the conditions and follows the closing.

A lawyer is not required by law to buy a home. The notary is: the sale of real estate needs a written deed signed before a notary to be registered.

Step 1: get a codice fiscale

The codice fiscale is the Italian tax identification number. You need it to sign the preliminary contract, to sign the deed, to register utilities and to open a bank account in Italy. Foreign citizens can ask for it from the Italian tax authority (Agenzia delle Entrate), and in many cases from an Italian consulate abroad before travelling. Ask for it early: it can take time to arrange and it is needed before any contract.

Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.

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Step 2: the checks to make before you sign

Title and liens. Who really owns the property, whether there is a mortgage, a seizure or a right of other people (land registry searches).
Planning and cadastral conformity. Whether rooms, terraces, attics or extensions match the approved plans and the cadastral map. Unauthorized works can become the new owner’s problem.
Energy certificate and systems. The energy performance certificate must be attached to the deed; ask for the system certificates too.
Condominium. Rules, unpaid fees and extraordinary works already approved. Ask the building administrator for a written statement.

Typical case

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

A buyer from the United States pays a deposit on a seaside apartment after one viewing. Later the surveyor finds that a closed veranda was never approved. If the buyer had asked for the checks before the preliminary contract, the price or the conditions could have been negotiated, or the deal avoided.

Step 3: the preliminary contract and the deposit

The preliminary contract (compromesso) binds both parties to sign the final deed. It must be in writing for real estate (art. 1351 Civil Code). A caparra confirmatoria (confirmatory deposit) is common: if the buyer backs out, the seller keeps it; if the seller backs out, the buyer can claim double (art. 1385). Read our guide to the preliminary contract and the deposit before you sign. Never sign a template found online without having the specific conditions checked.

Step 4: payment, deed and after the closing

  • Payment. The deed must state how the price was paid. Use traceable bank transfers and keep every receipt.
  • Deed. The notary reads the deed to the parties. If you do not speak Italian, an interpreter is needed; ask in advance.
  • Taxes and registration. The notary files the deed and collects the registration taxes. The rates depend on the type of property and on whether it will be your main home.
  • After the deed. Transfer the utilities, notify the condominium and ask your US tax professional about reporting the purchase in the United States. The firm does not give advice on US law or taxes.

If you cannot be in Italy for the signing

You can authorize a trusted person to sign for you with a power of attorney. The form matters: for real estate it must be drawn up with the right formalities and, if signed in the United States, it must be legalized correctly. We explain how in Power of attorney for Italy: how to buy, sell or settle an estate from the United States.

Frequently asked questions

Can an American citizen buy property in Italy?

In general yes. Italian law allows foreigners to acquire property, subject to the rules on reciprocity between countries. In practice the issues are tax code, checks and formalities, not nationality.

Do I need a lawyer to buy a house in Italy?

The law requires a notary for the deed, not a lawyer. A lawyer works only for you and is useful before you sign the preliminary contract.

Does buying a house give me the right to live in Italy?

No. Owning a home does not give a residence permit. See Moving or retiring to Italy: owning a home is not residency.

Can I sign the deed from the United States?

Only through an attorney-in-fact (procuratore) holding a valid power of attorney, or by travelling to Italy.

Questions about property or an inheritance 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. The first meeting is held in Italian. If you speak English, a video call on Google Meet from a computer may offer Italian–English translation as a support, without any guarantee; it does not replace an interpreter or a certified translation. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.

Information updated on October 10, 2026. This is general information, not legal advice. The firm does not advise on United States law or taxes.

Text prepared with the help of artificial intelligence tools and reviewed under the responsibility of Avv. Renato Giuseppe Fiorentino on October 10, 2026.

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