Limitations to Foreigners

1. Are there in your national system any limitations to foreigner citizens or foreign companies/companies controlled by foreign citizens regarding the acquisition of immovable properties? If yes:

No limitations.

2. To which kind of land registry unit do these limitations apply? (Example: only land plots, only rural areas, only foreign borders, dwellings and homes, other buildings?

N/A

3. To which kind of transfers or burdens do these limitations apply? (Example: to every transfer, non-free transfers, differently in case of inheritance than in case of purchase, mortgages in favor of foreigners….)

N/A

4. Apart from the previous limitation to acquisition of property by foreigners, are there any other measures at your country relevant for this topic? (Example: pre-emption rights in case of purchase un favor of a foreigner, social or residential measures bases on nationality and non in residential permits….)

The foreigner can purchase immovable property in Italy satisfying the following conditions:

1) Foreigners not legally resident: in this case the purchase is possible only if an international treaty allows it or otherwise under condition of reciprocity (Article 16 of the Provisions on the General Law prefaced to the Civil Code and Article 20 of Law No. 218 of 31 May 1995). The condition of reciprocity between States, as well as the existence of a possible agreement on real estate purchases, can be verified on the website of the Ministry of Foreign Affairs;

2) Foreigners «regularly resident», their family members and stateless persons in Italy for less than three years: in this case residence permit or residence card is required.

3) EU and EFTA citizen and stateless person resident for more than three years: in this case there are no limits or conditions.

In addition, since the purchase deed is subject to registration at the territorially competent office, it is necessary that the parties involved in the deed already have a tax code, issued upon request by the Italian Revenue Agency.

5. To what extent the land registrars’ controls in a deed of transfer the prohibitions imposed to foreigners to acquire land and buildings in your country?

The land registrar exercises only a formal control over the documents required for transcription. The substantial checks on all aspects of the deed of purchase, as well as verifying the existence the requirements for a valid purchase of immovable by non-EU citizens, are carried out by a public official, such as a notary.

5.1. Do you only check if the transfer administrative authorization requirement is met, or do you also confirm that the authorization is valid? For example, do you consider property type, like rural or forestry classification, which might limit foreign transfers? Or do you verify the percentage of foreign land ownership in a specific area, especially if there are restrictions on the number of buyers or land size?

N/A

5.2. What would happen if an authorization were needed, and it does not come with the title submitted for registration?

N/A

5.3. What would happen in case a deed of inheritance in favor of a foreigner transfers property over land or buildings subject to limitations for foreigners’ acquisitions in your country?

N/A

5.4. If the states have preemption right in case of transfer, would you reject the registration if no notification to the state to enhanced it right is done?

N/A

6. Do you expect any legal modifications on this issue?

We do not expect any legal modification on this issue.