How to sell property in Italy as a foreign owner: documents, agent, deposit, notary, taxes and getting the money out

Italy · November 9, 2026

The documents to prepare before listing, how a non-resident signs without travelling, what the agent costs, what the deposit does, why debts to the condominium follow the flat, and the questions to settle with the notary before the money moves.

In brief

A non-resident can sell an Italian home without travelling if a notarised and apostilled power of attorney is used, but the sale only ends at the rogito, the deed signed before an Italian notary, and title passes on that deed and its registration. For a resale one source gives 60-120 days from an accepted offer to the rogito, agent commissions are quoted at 2-5% plus 22% VAT, and the paperwork has to be ready before listing: energy certificate (APE), cadastral plan that matches reality, the deed by which you acquired the property and a condominium statement. Tax mainly matters if you sell within five years of buying a home that was not your main residence. Based on search summaries in November 2026; unconfirmed points are marked in the text.

What to prepare before you list

The Italian market punishes a flat with paper problems more than one with dust. Before the first viewing, collect the following and ask the notary what they will check.

  • The deed by which you acquired the property, the atto di provenienza (a purchase deed, a gift or an inheritance deed). The notary needs it to trace the chain of title.
  • The cadastral records, the visura catastale and the cadastral floor plan (planimetria catastale). The plan filed at the Catasto must match what is actually in the flat. Sources advise checking this first, because a mismatch (a moved wall, a closed balcony) has to be regularised before the deed.
  • The energy performance certificate, the APE. It is mandatory from the moment the property is advertised, because the energy class must appear in every listing. One source says a missing APE voids the deed and others only say it is mandatory, so ask the notary what happens without it instead of relying on either.
  • The building permits and planning documents. A part of the flat built without a permit is the most expensive surprise at this stage; see our article on illegal construction and missing permits.
  • A statement from the condominium administrator on the state of payments (more below) and the minutes of the latest meetings with approved works.
  • Proof of identity, your Italian tax code (codice fiscale) and, if the property has a mortgage, the details of the bank. Our article on tax numbers explains how a foreigner obtains the codice fiscale.

How a non-resident signs without travelling

The rogito must be signed before a notary, but you do not have to be there yourself. You can give a power of attorney (procura) to a trusted person, for example a lawyer or a family member, who signs for you. A power of attorney for a sale must identify the property precisely, including its cadastral data, and one law-firm note says a copy of your title deed has to be presented. If you sign it outside Italy, it normally has to be notarised and apostilled under the Hague Convention, or legalised at an Italian consulate, and it may need a translation. The exact form (an Italian notary can also draw one up during a visit) is a point for the Italian notary who will do the deed to confirm before you pay for apostilles; the sources we found describe the general route, not a checklist for every country of origin.

The agent and the commission

In Italy the commission is not fixed by law and is negotiable. Sources disagree on the figures: 2-4%, 3-5% and 3-4% on the buyer side appear, always plus 22% VAT, so we give the range of 2-5% plus 22% VAT for the whole transaction. The agent often charges both sides, and a seller-only fee is more common when the agent is hired exclusively by the seller. Whether the commission is due at the preliminary contract or at the rogito is not clear from the sources (a forum post cites a legal view on the preliminary contract). Put the trigger in the written mandate. A law published in December 2024 changed what is declared in the deed: the commission amount no longer has to be stated, but the agent's invoice number and tax code do.

Offer, deposit and preliminary contract

The sale usually moves in three steps. First comes the buyer's written offer, the proposta d'acquisto, which you accept or refuse. Then the preliminary contract, the compromesso, usually with the deposit called caparra confirmatoria. One law firm says it is normally at least 10% of the price and other guides say buyers typically pay 10-20%. The caparra confirmatoria is a legally binding deposit: if the buyer withdraws, the seller may keep it, and if the seller withdraws, the seller owes the buyer double. This is the point to read the contract line by line, because the compromesso is the document that binds you. Last, the rogito at the notary, with the payment, the deed and registration. Title passes on the date of the rogito and its registration, not on the date of the compromesso.

Condominium debts and the mortgage

Debts to the condominium follow the flat in a limited way. Under article 63 of the implementing provisions of the Civil Code the buyer is jointly liable with the seller for unpaid charges of the current year and the previous year; older charges stay with the previous owner. In practice a buyer will ask for the statement of payment status that the administrator must provide under article 1130 of the Civil Code, and a buyer who pays the condominium can claim the money back from you. Ordinary charges are split by days up to the deed, while for extraordinary works the key date is the assembly resolution. Settle the allocation of approved works in the compromesso.

A mortgage on the property has to be cleared for the buyer to get a clean title. We did not find in our search how a mortgage is cancelled around the rogito or what it costs, so ask the bank and the notary for the procedure and the timing, and do not sign a date that assumes a quick release.

How long it takes

One source puts a resale at 60-120 days from an accepted offer to the rogito, and longer if due diligence finds problems or a mortgage must be cleared first. Another source gives 8-16 weeks from offer to keys, but that figure is for buyers. Add the time to sell the property itself, which depends on the area and the price, and the time to prepare a power of attorney abroad.

Tax in brief

Italy taxes the gain on a sale of real estate mainly if you sell within five years of buying and the home was not your main residence for most of that time. After five years the gain is generally not taxed. The details, the 26% option through the notary and what a non-resident should check are in our article on capital gains tax on the sale of Italian property; read it before you set the price. The sale may also have to be reported in the country where you live, and a double-taxation agreement may avoid the double charge.

Getting the money out

Three questions decide how smoothly the money moves. First, how the buyer pays you. Sources differ: a banker's draft at the rogito is tied to the seller having an account in Italy, while a transfer from the buyer to your foreign account or through the notary's trust account is another route. Ask the notary which route they recommend and how long it takes. Second, the paperwork your bank will want: the deed, the tax return or the proof of the tax paid, and the documents that show how the property was bought. Our articles on bank checks and on moving large sums explain what banks ask. Third, the rules of the country you send the money to.

For holders of a Russian passport who remain Russian currency residents, the Russian currency-control rules apply to the money in addition to the Italian ones. A May 2026 report says individuals may now send up to USD 50,000 abroad, an older article says that the sale of real estate was not on the list of cases where proceeds can be credited directly to a foreign account, and a law firm warns that proceeds paid into a special account can be frozen. We could not confirm these rules against the Bank of Russia or the law, so check them with a currency-control lawyer before the deed, and do not assume the same applies to a Belarusian, Kazakh or Ukrainian passport. We found no source on how Italian banks treat sale proceeds for a seller from a sanctions-affected jurisdiction, so ask your bank before the deed what it will accept. Our article on repatriating money after selling abroad covers the general picture.

If you bought for residence

Italy does not give a residence permit for buying a home, so selling an ordinary house does not by itself end a permit. If your residence is based on an investor route, read our articles on the Italian investor visa and golden visa first, because the rules for keeping an investment differ from property ownership. We did not research this question for the sale and recommend asking an immigration lawyer.

Common mistakes

  • Listing before the APE and the cadastral check are ready, then losing a buyer over a plan that does not match the flat.
  • Signing a compromesso with a date that does not allow for clearing a mortgage or for a power of attorney that needs an apostille.
  • Not agreeing in writing when the agent's commission is due and who pays it.
  • Forgetting about the allocation of approved condominium works and the arrears of the last two years.
  • Paying a lawyer for an apostilled power of attorney before the notary has confirmed the form they accept.
  • Moving the money without a bank pre-check and a currency-control opinion when the passport or the residence is from a sanctions-affected country.

Step by step with approximate timing

  • Weeks 0-2: collect the deed, visura and planimetria, order the APE, ask the administrator for the statement, choose the agent and sign the mandate with the commission terms.
  • Weeks 2-8: list, show the flat (or have it shown), receive the offer and agree the compromesso with the caparra. If you need a power of attorney from abroad, prepare it now.
  • Weeks 8-16: the notary checks the registries, the mortgage (if any) is cleared, the condominium statement is updated. One source gives 60-120 days from offer to the rogito.
  • The day of the rogito: the deed, the payment, the registration. Ask in advance how the money reaches you.
  • After the deed: file the tax declarations in Italy if they are due and in your country of residence; keep the documents for the bank.

This article is general information, not tax or legal advice. Rules change; confirm the points above with an Italian notary and a tax adviser before you sign.

Related guides

FAQ

Can I sell my Italian flat without going to Italy? Yes, in principle: a notarised and apostilled power of attorney lets another person sign the rogito for you. The notary doing the deed decides the form they accept, so ask first.

How much does the agent cost in Italy? Sources give 2-5% plus 22% VAT, not fixed by law and negotiable, and often paid by both sides. Write the percentage and the moment it is due into the mandate.

What happens to the caparra if the buyer backs out? The caparra confirmatoria is a binding deposit: the seller may keep it if the buyer withdraws, and the seller owes double if the seller withdraws. Read the compromesso for the exact terms.

Do I owe tax on the sale? Mainly if you sell within five years of buying a home that was not your main residence. See our tax article for the rates and the notary option, and check the rules in your country of residence.

How do I get the money to my account abroad? Ask the notary whether the buyer pays by transfer to a foreign account, by the notary's trust account or by banker's draft, and check your bank and, for Russian currency residents, the currency-control rules before the deed.

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