Italian Real Estate Lawyer for US Citizens

If you are an American or British citizen buying property in Rome, the process will look different from what you are used to at home. There is no title insurance, no escrow account, and no single standardized closing process. Instead, Italian real estate transactions rely on a notary, a set of preliminary contracts, and a series of checks that a foreign buyer is rarely equipped to carry out alone.

Studio Legale Polidoro assists foreign buyers — particularly clients from the United States and the United Kingdom — through every stage of a property purchase in Rome and the surrounding area, from the first offer to the final registration of the deed.

Can Americans and British citizens buy property in Italy?

Yes. Under the principle of reciprocity, US citizens can purchase property in Italy because Italy and the United States recognize equivalent rights for each other’s citizens. UK citizens can also buy property in Italy, a right that was not affected by Brexit for real estate purchases specifically, even though it did change the rules around residency and length of stay.

In both cases, the notary handling your purchase is required to confirm that the reciprocity condition is met for your specific nationality and transaction. This is a formal legal verification, not a formality you can skip — and it is one of the first things your lawyer should check before you commit to a property.

Owning property in Italy does not, on its own, grant you the right to live there. As a US or UK citizen, you remain subject to the standard 90-days-in-180-days rule for stays in the Schengen Area unless you obtain a specific visa or residency permit.

Why you need your own lawyer, separate from the notary

In Italy, the notary (notaio) is a public official who verifies the legality of the transaction and registers the transfer of ownership. This is an important safeguard, but the notary works for the transaction, not exclusively for you. The notary does not negotiate on your behalf, does not review the deal from your point of view, and does not tell you when a price is too high, a clause is unfavorable, or a document is missing.

This is the role of an independent real estate lawyer:

• reviewing the preliminary contract (compromesso) before you sign anything or pay a deposit;
• carrying out due diligence on the property’s legal and urban planning status;
• identifying risks the seller’s agent has no incentive to mention;
• negotiating terms and conditions in your interest;
• coordinating with the notary, the estate agent, and — where relevant — your tax advisor in the US or UK.

What our due diligence covers

Before you sign a preliminary contract or transfer any deposit, we verify:

• Title and ownership history — confirming the seller has full and clear title to the property, and that there are no undisclosed co-owners or inheritance claims;
• Liens and encumbrances — checking the land registry for mortgages, judicial liens, or other charges registered against the property;
• Urban planning compliance — verifying that the building matches its registered permits, and that any renovations, extensions, or changes of use were properly authorized;
• Cadastral records — cross-checking the official cadastral registration against the physical property and the sale documents;
• Condominium status, where applicable — outstanding charges, pending disputes, or planned works that could become your responsibility after purchase.

Properties in Rome’s historic center and in older buildings across the Castelli Romani area often carry exactly these kinds of issues — undocumented alterations, informal inheritances, or planning irregularities that only surface once you look for them.

How the purchase process works

1. Preliminary offer and negotiation. Once you have identified a property, an initial offer is usually formalized in writing. We review this before you sign.
2. Due diligence. We carry out the checks described above before any binding commitment is made.
3. Preliminary contract (compromesso). This sets out price, terms, and deadlines, and typically requires a deposit of 10–20% of the purchase price. We review and, where needed, renegotiate this contract on your behalf.
4. Final deed (rogito). Signed before the notary, this transfers ownership. Taxes and fees are settled at this stage.
5. Registration. The notary registers the new ownership with the Land Registry (Conservatoria) and cadastral office.

Buying remotely, without traveling to Italy

Many of our US and UK clients are not able to be in Italy for every step of the purchase. Italian law allows you to appoint a trusted representative — typically your lawyer — to sign documents on your behalf through a power of attorney (procura), which can be arranged and notarized from your home country or remotely.

We generally still recommend visiting the property in person at least once. A virtual viewing can miss structural issues, noise, or neighborhood characteristics that matter to your decision. But once you are ready to proceed, the remaining steps — including the final signing — can typically be managed without your physical presence in Italy.

Costs and taxes to plan for

Beyond the purchase price, expect additional costs in the range of 10–20% of the property value, including:

• registration tax or VAT, depending on the seller and the type of property;
• notary fees;
• estate agent commission, where an agent is involved;
• your own legal fees.

If you are a US citizen, you should also plan for the interaction between Italian and US tax obligations — including FATCA reporting requirements and how the property should be held (in your personal name, through an Italian company, or another structure). We do not provide US tax advice directly, but we coordinate with accountants and tax advisors who are familiar with both systems, so that the ownership structure you choose in Italy does not create unnecessary complications back home.

Why Studio Legale Polidoro

Studio Legale Polidoro, led by Avvocato Luigi Polidoro, is based in Ciampino and operates across Rome and the Castelli Romani area — including neighborhoods and towns that are increasingly popular with foreign buyers looking for a property close to Rome without the historic-center price premium.

Our approach is the same one we apply for Italian clients: careful preventive checks, clear communication about risks before they become expensive problems, and support that continues after the purchase — including matters of property management, condominium law, and, where relevant, succession planning for property you intend to pass on.

We work in English as well as Italian, and we are available for calls scheduled around US and UK time zones.