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How to Transfer Ownership of Property in Italy [easy!]

By Elena Manzhos 9/9/2024 Latest Update

So, you're looking to transfer property ownership in Italy?

Hey, don’t panic just yet—it's all manageable with the right knowledge.

You’ve got the property; now let’s get it in someone else’s name without losing your mind (or your patience!).

Ready?

Notary hands stamp document

Let’s dive in!

Real estate in Italy can be transferred, for example, by sale or gift. For a voluntary transfer of ownership to be properly completed, the relevant deed must be executed in the form required by law with the involvement of an Italian notary, who ensures its transcription in the Real Estate Register (Conservatoria dei Pubblici Registri Immobiliari)

Once the deed is signed, the transfer of title takes immediate effect.

The property transfer can be through:

  • gift (cessione a titolo gratuito) without a money transfer
  • sale (cessione a titolo oneroso) with money transfer

The implications of a gift deed are very different from those of a sale. Let’s give a look.

Gift VS Sale

  Gift deed Sale deed
Money transfer No Yes
Notary deed & transcription Yes Yes
Taxes Gift taxes vary depending on the degree of relationship between donor and the donee. For example, Italy has exemptions and reduced rates for close relatives (spouse and children). However, the property is still subject to registration, cadastral and mortgage taxes. Sale taxes are VAT (if the seller is a construction company), or registration tax (if the seller is a private individual) + mortgage and cadastral taxes. The registration tax rate varies according to the type of property and its use (first home, second home, etc.).
Legal effects A gift may affect the reserved shares of forced heirs (legittimari). Under the rules in force since 18 December 2025, forced heirs may seek restoration of their reserved share primarily through financial claims against the donee; under the new regime, the former general risk of recovering the donated property from a third-party buyer has been removed, subject to transitional rules for successions opened earlier. The sale deed is a contract with money transfer, so it does not directly affect the heirs' shares... unless the sale is made at a price significantly below market value.

Following the 2025 reform, a property previously received by gift is generally easier to sell. The main points to consider are:

  1. Forced heirs may still challenge the gift if it infringes their reserved share, but under the current rules their protection is primarily financial against the donee rather than recovery of the property from a third-party buyer, subject to the applicable transitional provisions.
  2. Due diligence remains important, especially for earlier gifts or successions affected by the transitional rules.
  3. Banks and buyers may still request additional documentation or legal review depending on the circumstances.

To all this, there is a solution. Contact me for more information.

Are you about to buy a house and want to know its real value?
Contact me right now... with the ‘Rogiti in chiaro’ service you will receive notarial deeds of properties sold in the same building!

Costs to transfer ownership

In case of sale, the main costs to transfer a property’s ownership are:

  • Buying and selling taxes (paid by the buyer). In the case of a sale between private individuals, the taxes are registration tax (2% for the first house and 9% of the cadastral value for the second house), mortgage tax (50€ for the first house and 2% of the value of the property for the second house), cadastral tax (50€ for the first house and 1% of the value of the property for the second house).
  • Notary fee paid by the buyer (usually between 1,000 and 3,000€).
  • Real estate agent's commission (if applicable) traditionally paid by the seller and the buyer.

In case of gift, the main costs to transfer a property’s ownership are:

  • Gift taxes, which include several items, are to be paid by the donee. First, there is a fixed registration tax of €200 and a stamp duty of €230. Donation tax is calculated on the cadastral value of the property, with rates and deductibles varying according to the degree of relationship between the donor and the beneficiary (from 4%, applicable on the value exceeding €1 million for each beneficiary for spouses and relatives in the direct line, up to 8% without deductible). Finally, there are the mortgage and cadastral taxes, calculated at 2% and 1%, respectively, property's cadastral value.
  • Notary fee paid by the donee (usually between 1,000 and 3,000€).

Transcription VS registration

There is a massive difference between the transcription in the Real Estate Register (Conservatoria dei Pubblici Registri Immobiliari) and the registration in the Fiscal Office (Agenzia delle Entrate).

Transcription is an act that makes a notarised document public by entering it in the Real Estate registers (Conservatoria dei Pubblici Registri Immobiliari). This process has the sole function of making the act and its effects known to anyone consulting the registers.

For example, if you sell a house, the notary transcribes the deed in the real estate registers, ensuring that everyone knows the new owner.

Registration, on the other hand, is a tax process that takes place at the Fiscal office (Agenzia delle Entrate) and involves paying specific taxes due for the notarial deed, such as registration tax, VAT or other taxes related to the transaction.

Registration is necessary to give the notarial deed a specific date and to prove that tax obligations have been fulfilled.

FAQ

Do Italian notaries transcribe and register deeds?

Yes, Italian notaries are legally obliged to perform both functions: they transcribe deeds (making them public and available in the Conservatoria dei Pubblici Registri Immobiliari) and register them (ensuring that the taxes due to the Agenzia delle Entrate are paid). By doing so, the notary ensures publicity of the deed in the real estate registers and compliance with the applicable tax obligations.

Can you gift / donate property in Italy?

Yes, you can gift or donate property in Italy. This process is known as a “donazione”, and it must be done through a deed of donation (atto di donazione), which transfers ownership of the property from the donor to the donee. The deed must be registered and transcribed to make it public.

What to do if you inherit property in Italy?

If you inherit property in Italy, the steps you should follow are:

  1. Obtain an Italian Fiscal Code (codice fiscale), if you do not already have one.
  2. Check for outstanding debts or mortgages attached to the property.
  3. Accept the inheritance expressly or tacitly, as applicable.
  4. File the declaration of succession (dichiarazione di successione) within 12 months of the date of death.
  5. Pay inheritance taxes, depending on the relationship between the deceased and the heirs, and the value of the estate.
  6. Register the property in the land registry (Catasto) and the public real estate registry (Conservatoria dei Registri Immobiliari).

What happens in Italy if someone dies without a will?

If someone dies without a will in Italy, the assets are divided among the closest family members according to intestate succession laws. The surviving spouse and children share the assets, with specific portions depending on the number of children. If no children exist, the spouse may inherit everything or share it with the deceased's parents or siblings. If no spouse or children are present, the assets go to parents, siblings, or more distant relatives. If no relatives exist, the assets go to the state.

How to transfer property in divorce proceedings in Italy?

In Italy, transferring property during a divorce involves several steps:

  • First, both parties need to agree on how to divide the property, which can be done through a consensual divorce agreement or court mediation.
  • Once an agreement is in place, it must be formalized in the divorce decree.
  • Then, a notary prepares a deed of transfer (atto di trasferimento) to officially transfer ownership from one spouse to the other. This deed is signed, notarized, transcribed and registered.

How to change names on an Italian deed?

The procedure to change the name on a deed depends on the type of deed, in particular:

  • Preliminary: thanks to the nomination clause (riserva di nomina), most preliminary contracts allow the buyer's name to be changed in the notarial deed of transfer of ownership. The notary may charge a small additional fee.
  • Deed of sale: the only way to change the name on a deed in Italy is through a deed of sale signed and authenticated by an Italian notary. This must be documented in writing and transcribed in the Real Estate Register, taking immediate effect upon signing, whether it's a gift (without money transfer) or a sale (with money transfer).
Elena Manzhos: Mother of two beautiful children, wife, and real estate agent for over 15 years. Frankly, I don't know what is more complicated. More than 20 years ago,  I moved to Italy from Eastern Europe. I have always had a deep-seated passion for houses; my love for luxurious properties is unwavering.
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