Buying Property in Sardinia – Complete Guide for International Buyers

1. The Italian Property Purchase System

In Italy, the purchase of a property usually develops through two main stages:

1. preliminary contractual phase
2. final notarial deed

The preliminary phase is usually based on a purchase offer and, once accepted, may lead to a preliminary agreement. These documents define the commitments of the seller and buyer before the final transfer.

The property is transferred only when the final notarial deed is signed before the notary.

A central role is played by the Italian notary, who is a public official. The notary does not act as the personal adviser of either party, but verifies the legal validity of the transaction and the regular transfer of ownership.

2. Property Visit and Preliminary Evaluation

The first phase usually consists of visiting the property and collecting the information needed to understand whether it may be suitable for purchase.

During this phase, the buyer can evaluate:

• the general condition of the property
• its location and surroundings
• space distribution and potential improvements
• whether it is suitable for personal use, relocation or investment
• whether the property category and legal use match the buyer’s expectations

The real estate agent provides the main available information, including property features, price, cadastral data, relevant documentation and general background on the asset.

Remote evaluation

For international clients, or whenever an immediate visit is not possible, the first evaluation may also take place remotely. In such cases the buyer may receive:

• photos and videos
• floor plans
• available technical documentation
• information on location and context
• video calls or virtual viewings

Within the working method adopted by ANEDDA. Real Estate Group, photographs and videos are not used to alter or conceal potential issues of the property, but to offer a clear, realistic and transparent representation of its condition, spaces and surroundings.

3. Before You Sign a Purchase Offer

Before signing a purchase offer in Italy, it is important to understand a few fundamental principles of the Italian contractual system.

Clarify these points before signing

• the exact purchase price offered
• the amount and timing of the confirmatory deposit
• the expected deadline for the final deed
• whether the buyer needs mortgage financing
• whether any suspensive condition is required
• which documents are currently available and which may need to be updated
• whether the buyer will sign in person or remotely through Power of Attorney

4. The Purchase Offer

In the Italian system, the purchase offer is the first formal document through which a buyer expresses in writing the concrete intention to purchase a specific property under defined conditions.

It is not a simple generic expression of interest. It is a contractual document that normally includes:

• identification of the parties
• property description
• offered price
• payment terms
• confirmatory deposit
• any suspensive conditions
• expected deadline for the final notarial deed
• agency fee terms

The purchase offer shown or discussed during a transaction should always be understood as a document to be adapted to the specific needs of the parties and to the particular characteristics of the property.

5. Identification of the Parties

The offer starts with the full identification of all parties involved:

• Seller: the owner of the property or the person legally entitled to sell it
• Buyer / Proponent: the person making the formal offer
• Real estate agent: the intermediary who introduced the parties and handled the transaction

Buyer details usually include name, tax code, date and place of birth, residence, identity document and nationality. This is essential not only for contractual certainty, but also for compliance and anti-money laundering purposes.

In some offers the buyer may purchase for himself/herself or for a person or entity to be nominated before the final deed. This must be structured correctly and should be reviewed case by case.

6. Identification of the Property

The property must be identified clearly and precisely. The offer usually includes:

• municipality
• address
• floor or levels
• cadastral references
• reference to the attached floor plan
• any relevant appurtenances, land, storage rooms or accessory units

Residential and non-residential categories

Not every property that appears usable is legally classified as a residential home. Some units may be registered as storage rooms, warehouses, agricultural buildings, commercial premises, ruins, land or accessory spaces.

This distinction is important because the cadastral category and urban planning status may affect legal use, mortgageability, taxation, renovation possibilities and resale value.

Sale “as a whole and not by measurement”

The formula “a corpo e non a misura” means that the price is agreed for the property as a whole, and not recalculated on the basis of an exact square meter measurement.

State of fact and law

The offer usually states that the property is purchased in its current factual and legal condition and often includes the wording “as seen and liked”, meaning the buyer acknowledges the property in its general visible state.

This does not exclude the legal protections provided by law in the event of hidden defects or specific seller declarations.

7. Seller’s Declarations and Property Documents

The offer normally contains declarations made by the seller concerning the legal and technical status of the property. These declarations are important because, by accepting the offer, the seller confirms the information provided.

• ownership and legal right to sell
• urban and building compliance, where declared or documented
• cadastral consistency and floor plan alignment
• absence of mortgages, seizures or prejudicial registrations, unless specifically disclosed
• existence of a valid APE (Energy Performance Certificate), where required
• absence of ongoing disputes concerning the property, unless disclosed

The final technical and legal verification is then completed during the due diligence and notarial phase.

8. Offered Price

The offer contains the price the buyer is willing to pay for the property. The price is one of the essential elements of the agreement and usually appears both in figures and in words, to avoid misunderstandings.

Payment normally takes place in several stages, from the deposit to the balance due at the final deed.

9. Confirmatory Deposit (“Caparra Confirmatoria”)

Once the offer becomes effective and any suspensive condition is fulfilled, the buyer usually pays a confirmatory deposit.

Under Article 1385 of the Italian Civil Code, this deposit serves three main functions:

1. confirmation of the contractual commitment
2. advance payment on the purchase price
3. protection in the event of non-performance

If the buyer fails to comply without legal justification, the seller may retain the deposit. If the seller fails to comply, the buyer may be entitled to receive double the amount paid, subject to the applicable legal and contractual framework.

10. Balance of the Price at the Final Deed

The final balance of the price is paid at the time of the notarial deed. Payment may take place through traceable instruments such as bank transfer, cashier’s cheque or bank financing.

If the buyer uses a mortgage, part of the price may be paid directly by the bank to the seller according to the banking procedure connected with the deed.

11. Notary Price Deposit

Italian law allows the parties to deposit the purchase price with the notary instead of transferring it directly to the seller at the deed.

In this case, the funds are held in a dedicated account and released to the seller according to the notarial procedure, generally after the required registration and transcription steps.

This is an additional protection tool that may be useful in certain transactions and should be discussed directly with the notary.

12. Irrevocability of the Offer and Formation of the Preliminary Agreement

A purchase offer usually includes a period of irrevocability. During that period, the buyer cannot withdraw or change the offer.

If the seller accepts within the stated term and the acceptance is communicated to the buyer, the agreement becomes legally binding according to the terms of the offer.

In many cases, the accepted offer becomes a preliminary agreement, meaning both parties undertake to complete the sale by signing the final deed within the agreed deadline.

The preliminary agreement creates binding obligations, but it does not transfer ownership. Ownership transfers only with the final deed.

13. Mortgage Approval Clause (Suspensive Condition)

In some transactions, the offer may include a clause making the effectiveness of the agreement conditional upon the buyer obtaining a mortgage.

In that case:

• the offer may be accepted by the seller
• the contractual relationship is formed according to the clause
• its full effects remain suspended until the mortgage is approved within the agreed deadline

If the bank does not grant the mortgage within the agreed period, the agreement may not become fully effective and the parties may be released from their obligations, depending on the exact wording of the clause.

14. Registration of the Preliminary Agreement

Once the offer becomes binding and acts as a preliminary agreement, it must be registered with the Italian Revenue Agency within the legal deadline, currently generally 30 days from signing.

Registration is a fiscal requirement. It gives the contract an official date and ensures the payment of the applicable taxes, but it does not transfer ownership.

15. Transcription of the Preliminary Agreement

In some cases, the preliminary agreement may also be transcribed in the public real estate registers.

This offers stronger protection to the buyer because the agreement becomes enforceable against third parties. It can be especially useful in longer or more complex transactions.

For transcription, the intervention of a notary is required.

16. Real Estate Agency Fee

In Italy, the real estate agent acts as an intermediary between the parties. The right to commission arises when the deal is legally concluded through the agent’s intervention.

In our case, the buyer’s professional fee is:

4% + VAT of the agreed purchase price

The fee is normally paid at the same time as the confirmatory deposit, once the agreement has become fully effective.

If the transaction is subject to a suspensive condition and that condition does not occur, the commission is generally not due, unless otherwise provided by the specific contractual structure.

17. Final Notarial Deed (“Rogito”)

The purchase process ends with the signing of the final notarial deed.

During the deed:

• the balance of the price is paid
• the notary verifies the legal regularity of the transaction
• ownership is formally transferred to the buyer
• the deed is registered and transcribed according to the notarial procedure

From that moment, the buyer becomes the legal owner of the property.

18. Italian Fiscal Code for Foreign Buyers

Foreign buyers must obtain an Italian Fiscal Code (Codice Fiscale) before buying property in Italy.

The Fiscal Code is necessary to:

• sign the purchase offer
• register the preliminary agreement
• sign the final deed
• carry out tax and contractual formalities connected with the purchase

It can be obtained:

• directly through the Italian Revenue Agency
• through the Italian Consulate in the buyer’s country of residence
• in some cases, through the notary handling the purchase

19. Buying Remotely

International buyers may be able to buy property in Italy without being physically present for every step. This usually requires early planning and coordination with the notary and any legal adviser involved.

• remote property evaluation through video, photos and available documents
• Italian Fiscal Code obtained before signing official documents
• Power of Attorney if the buyer cannot attend the final deed
• certified translations or interpreter support where required
• traceable international payments and banking coordination

20. Role of ANEDDA. and Role of Other Professionals

ANEDDA. coordinates the real estate process, property information, communication between parties, visits, offer structure and the operational steps connected with the transaction.

Legal, tax, technical, banking and notarial advice must be provided by the relevant qualified professionals, such as:

• notary
• lawyer
• tax adviser or accountant
• architect, engineer or surveyor
• bank or mortgage broker
• certified translator or interpreter

This distinction protects the buyer, the seller and the transaction itself, ensuring that each professional operates within the correct area of competence.

21. Frequently Asked Questions

22. Common Mistakes International Buyers Should Avoid

• considering the purchase offer as a simple non-binding expression of interest
• underestimating the legal effect of the confirmatory deposit
• not evaluating mortgage timing before signing
• assuming that a mortgage request automatically suspends the purchase
• not checking whether current documents may need to be updated before the deed
• assuming that every property can legally be used as a residential home
• thinking the final deed is just a formality
• involving legal, tax or technical advisers only after signing the offer

Clarifying these points in advance helps avoid delays, misunderstandings and unnecessary complications during the transaction.

23. Legal Disclaimer

This document is provided for general information purposes only and is intended to offer an overview of the property purchase process in Italy. The content is based on current practice and general legal principles commonly applied in Italian real estate transactions, but it does not constitute legal, tax, technical, banking or notarial advice.

Each transaction may present specific characteristics and may require individual review by qualified professionals such as notaries, lawyers, tax advisers, banks, mortgage brokers or technical experts. Before making legally or financially relevant decisions, specific professional advice should always be obtained in relation to the individual case.