Role of a Notary

Contents:

 

The notary in Italy: 

Buying a property in Italy may seem quite daunting – the Italian bureaucracy is indeed known for causing confusion. However, even if buying a house in Italy is definitely different from buying a house in the USA, or other EU-countries, it is actually a straightforward process. 

The entire process of buying a property requires the presence of professionals who will have different roles. 

One of the most essential figures in this field is the Notary, “notaio”, a public officer whose role is to authenticate important legal paperwork. However, the role of the Notary goes further than this.

A Notary is a neutral party who assists the client throughout the purchase process. At the beginning of negotiations, the buyer has the right to choose the Notary who will check the accuracy of the paperwork regarding the property. Choosing a Notary is entirely up to the client who will pay the Notary fees. However, when purchasing a house through a real estate agent, foreign buyers often seek help from the Notary who has been recommended to them by the agents. In any case, the Notary should be based in the same area of the property you are purchasing.

 

What is the role of a Notary in the purchase process?

Whether the property is sold by a private individual or by a real estate agent, the Notary will be responsible for checking all the documents regarding the sale, and by keeping a position of neutrality. Indeed, the Notary cannot act in favour of the interests of neither of the two parties involved. The Notary also authenticates documents and contracts and witness the signatories’ decisions.

Other duties that are carried out by the Notary include:

Verifying whether there are other people who claim the same property by researching the land registry;
Verifying whether there are any mortgages on the property;
Verifying the existence of building permits;
Verifying both the buyer and the seller’s identities;
Checking that both parties are entitled to selling and buying the property;
Checking that the previous owner has paid all the service charges;
Verifying that the cadastral registries reflect the real state of the property;

Moreover, a Notary prepares the Atto di Vendita (Deed of Sale) on the basis of both the seller and the real estate agent’s conditions. He reads out the terms of the contract in order for them to be clear to the parties involved. After signing the Deed of Sale and the registering the Deed, every party receives a copy of the contract. After this phase the Notary checks that the details of the new owner have been registered at the Land Registry. In order to sign the Final Deed of Sale and complete the transaction, both parties will need to provide their IDs and a codice fiscale (the Italian tax code).

It is important to underline that the final payment and the handover of the keys take place during this phase.

 

What is the difference in Italy between a Notary & an Italian Lawyer?

In Italy, a practicing lawyer is not entitled to practice as a notary nor can a notary practice within an Italian law firm. An Italian law firm cannot have an Italian notary as a partner or an associate member.

For some areas of the law, a person can choose whether to use the services of either a notary firm or a law firm (for example, to process the estate of a deceased person). For other areas of law, a person must use the services of a notary firm (for example, to certify a real estate title transfer by sale or to certify a company incorporation) and in other cases a person must use the services of a law firm (for example, for disputes or court cases).

Law firms and notary firms often collaborate when the respective roles and/or areas of expertise are needed to address a specific matter. A collaboration is often critically important to address cross-border cases more efficiently. We have strong collaborations with many notary firms throughout Italy.



We hope to have informed you sufficiently and feel free to ask your future questions.

 

 

Updated: 8 September, 2025

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