Unlike a lawyer, the Italian notary (notaio) does not act for either party: they are a neutral, state-appointed public officer and are mandatory for every property transfer. For foreign buyers this is both familiar and different from home — this guide explains the role.
Who the notaio is — and who pays
The notaio is a neutral, state-appointed public officer. They are not "your" lawyer and represent neither buyer nor seller; their job is to ensure the transaction is lawful. Their involvement is mandatory for every property transfer.
The buyer usually chooses and pays the notaio. The fee is typically around 1.5–3% of the price on a sliding scale, with the percentage tending to fall on higher-value properties.
What the notary checks and executes
Before signing, the notaio verifies the seller's title and checks the land registry (Catasto) along with any mortgages and charges, confirming you are buying an unencumbered property from the rightful owner.
They then draft and authenticate the deed (rogito), collect the purchase taxes and pay them over, and register the transfer of ownership. Ownership passes to you at the moment the rogito is signed.
Preliminary contract and deposit
The notary appointment is usually preceded by a preliminary contract (compromesso, or contratto preliminare) in which both sides commit to the sale. A deposit (caparra) is normally paid at this stage, typically 10–20% of the price.
It is the later rogito at the notary that finally transfers ownership — the preliminary contract binds the parties but does not yet make you the owner.
If you do not speak Italian
The rogito is executed in Italian. If you do not understand the language of the deed well enough, the law requires a sworn translation or interpreter at the notary appointment.
Alternatively you can grant a power of attorney (procura) so an authorised person signs the rogito for you — useful if you cannot travel. Germany also uses a Notar, but the process and the specifics of the role differ.