Buying in Italy: Italian Lawyers and Notaries

When buying a property or business in Italy you may be advised that you need to use a notaio (notary) for the legal work, but that a lawyer is not necessary. You may be told that Italians never use them. So what should you do? Our advice is always to get a good, professional English speaking Italian lawyer, an avvocato, if you do not speak fluent Italian.

Lawyer or Notary?

If you are used to a different legal system, for example that of the UK, then it can be hard to understand the difference between the two. Both professions require a law degree and have their own independent professional bodies. The notaio goes on to take a state recognised qualification and only the best candidates are selected from those that pass.

An avvocato (lawyer/solicitor) acts for the client, whereas the notaio (notary) is more independent and his or her role is to act for the state and for both parties in the transaction.

If buying a property, the lawyer will draw up the initial contracts and instruct the notary. The notary’s job involves checking title deeds, verifying if there is a mortgage or other charge on the property, witnessing signatures, transcribing the contract onto the public registry and so on. It is obligatory to use a notaio for buying property and they charge a separate fee from the avvocato. Italian notaries are said to be among the most expensive in Europe.

Why use a Lawyer?

We have seen that you are obliged to use a notary, but are you obliged to use a solicitor? Technically, no. Many Italians buy and sell property using only the estate agent and notaio. Estate agents (who cannot practise unless they have passed state recognised qualifications) can draw up contracts, but as they get a fee from both sides they will not necessarily act in your best interests, nor keep too close an eye on the notary. In Italy, the law of subrogation means that debts stay with the property and so unpaid debts, (for example utility bills) become the responsibility of the new owner unless discovered and settled before the final contract is signed. That is the role of a lawyer, who will also check that the correct building permits (permessi) have been obtained from the town council and that there are no charges on the property.

How to Find a Good Lawyer

Unless you speak fluent Italian, it is wise to find an English speaking lawyer who is familiar with the concept of conveyancing, which is not something Italian lawyers normally deal with. Contracts have to be written in Italian and the lawyer can explain exactly what you are signing, although it is good to also have the services of an accredited translator if you feel it necessary. It is worth making sure that the avvocato does not double up on the work that the notaio is legally obliged to do, thus meaning you pay twice for things.

Be aware that ‘international lawyers’, for example perhaps a company in the UK advertising that they deal with purchases in Italy, often simply hand over the file to a studio in Italy and take a commission for so doing.

Lawyers in Italy are not allowed to advertise and so the best thing you can do is to find someone who has been recommended. The best place for this is a forum for foreigners living in and buying in Italy. In this way you can ask questions and get recommendations from people who have been through the same experience.

BEV now has a Service Centre where you can contact a list of lawyers with just one click of the mouse.

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