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Notary in Italy: role, costs and security in buying and selling real estate
Published 14-01-2026
In the process of buying real estate in Italy, the figure of the notary plays a central and indispensable role. For many international buyers – but often for Italians as well – the Italian notary system may appear complex or different from that of other countries. In reality, this very structure is one of the main reasons why the Italian real estate market is considered among the safest and most protective in the world.
The notary is not simply a witness to the purchase and sale: he is a public official who guarantees the legality of the deed, the correctness of the documentation, and the full protection of the parties involved. Understanding his or her role, the associated costs and the level of security he or she offers is essential to approach the purchase of a home in Italy with awareness and peace of mind.
Who is the notary and why is he a key figure in Italy
The notary in Italy is a public official appointed by the state, with the task of ensuring legal certainty in the most relevant transactions, including buying and selling real estate. Unlike other legal systems, the Italian notary does not represent one of the parties, but acts impartially, protecting both buyer and seller.
His intervention is mandatory for the transfer of properties. Without a notarial intervention, the deed has no legal value and cannot be transcribed in public records. This means that the transfer of ownership is valid only after it is signed in front of the notary public.
The notary’s function is not limited to the signing of the deed: his work begins long before and continues even after the purchase and sale is concluded.
The role of the notary in buying and selling real estate
The notary performs a number of basic verifications that are a real guarantee for the buyer.
- Verification of ownership
The notary ascertains that the seller is the legal owner of the property and has full right to sell it. This verification is done by reviewing previous deeds and property records.
- Checking for mortgages, liens and encumbrances
One of the notary’s most important tasks is to verify that the property is not encumbered by mortgages, foreclosures, seizures, or other encumbrances that could jeopardize the purchase. If there are mortgages, the notary checks for their cancellation at the same time as the deed.
- Cadastral compliance
The notary verifies that the cadastral data of the property are correct and consistent with the state of affairs. This verification is essential to avoid future problems related to discrepancies or irregularities.
- Traceability of payments
Italian regulations require strict traceability of money flows. The notary checks that payments are made with traceable instruments (bank transfer, cashier’s check) and that the source of the funds is lawful.
- Drafting of the deed
The notarial deed is drafted by the notary in a clear, complete and legally compliant form. Each clause is explained to the parties before signing, ensuring full awareness of the transaction.
The notarial deed: what happens on the day of signing
The deed is the final act that officially sanctions the transfer of ownership. It takes place in the notary's office and is a formal but extremely protective moment.
During the deed:
- the notary identifies the parties;
- reads the deed in its entirety;
- verifies that all conditions are met;
- ascertains that payment has been made;
- collects the signatures of the seller and buyer.
If either party cannot be present, it is possible to sign by notarized power of attorney, often used by international buyers.
Upon completion of the deed, the buyer becomes in all respects the new owner of the property.
What the notary does after the signing
The notary’s work does not end with the signing of the deed. After the deed is signed, the notary takes care of a number of key tasks:
- registration of the deed with the Agenzia delle Entrate (akin to the Internal Revenue Service);
- transcription in the Real Estate Registries;
- cadastral turn-over;
- payment of taxes due on behalf of the purchaser.
These steps ensure that the transfer of ownership is enforceable against third parties and fully legally and fiscally valid.
Notary costs: what they include
One of the aspects that generates the most questions concerns the cost of the notary. It is important to clarify that the notary’s fee includes much more than simply signing the deed.
The total cost includes:
- notary’s fee;
- registration tax or VAT;
- mortgage and cadastral tax;
- registration and transcription fees;
- viewings and preliminary verifications.
The notary’s fee varies depending on several factors:
- value of the property;
- complexity of the deed;
- number of verifications required;
- whether there is a loan or mortgage.
On average, the total notary cost represents a small percentage of the value of the property, especially when compared to the level of protection offered.
The notary and the real estate mortgage
When the purchase is financed through a mortgage, the notary also drafts the mortgage deed and registers the mortgage in favor of the bank. In this case, his role becomes even more important, because he ensures the correctness of the relationship between the buyer and the lending institution.
The notary verifies:
- the conditions of the mortgage;
- the conformity of the contract;
- the correct registration of the mortgage;
- the transparency of the clauses.
This level of control also protects the buyer vis-à-vis the bank.
Notary and foreign buyers
For international buyers, the notary represents an essential point of reference. The Italian notary system offers protection that is particularly appreciated by those from countries where the transfer of ownership is less regulated.
The notary:
- verifies foreign documents;
- checks the validity of international powers of attorney;
- ensures that the buyer understands the contents of the deed;
- may require official translations if necessary.
Thanks to this system, even those who do not reside in Italy can buy with great peace of mind.
The security of the Italian notarial system
One of the main strengths of the Italian real estate market is precisely the legal security guaranteed by the notary. The combination of preventive controls, personal responsibility of the notary and public records makes property-related disputes extremely rare.
The notary is personally responsible for the deed he or she drafts and is civilly and disciplinarily liable for any errors. This level of responsibility is a concrete guarantee for the buyer.
Notary, real estate agency and consultants: a team effort
The notary works in synergy with other professionals involved in the purchase and sale: real estate agents, technicians, lawyers, and tax advisors. This collaboration makes it possible to approach even the most complex transactions with method and clarity.
In particular, agencies specializing in fine real estate play a key role in coordinating the various stages and preparing the necessary documentation so that the notary can operate effectively and in a timely manner.
Because the notary is a guarantee, not a cost
Sometimes the notary cost is perceived as an additional expense. In reality, the notary represents a form of legal insurance on the real estate investment.
Thanks to his intervention:
- irregular purchases are avoided;
- legal risks are drastically reduced;
- one guarantees the validity of the deed over time;
- you protect the value of the property.
In a transaction of such great economic and personal importance as the purchase of a home, this level of security is an indispensable value.
The notary is a central figure in Italian real estate buying and selling: guarantor of legality, guardian of the formal and substantive correctness of the deed, point of reference for Italian and international buyers. His role goes far beyond the signing of the deed and extends to all stages that make the purchase secure, transparent and final.
Understanding how the notarial system works means approaching the purchase of a property in Italy with greater awareness and peace of mind. In a market characterized by historic properties, constraints and complexities, the presence of the notary represents one of the fundamental pillars on which the solidity of Italian real estate is based.
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