Purchasing a Home in Maremma
The allure of Italy with its stunning scenery, delectable food and wine, rich history, and la dolce vita lifestyle – has attracted travelers and second homebuyers for decades. For those seeking an investment and also offers the opportunity to enjoy tuscan holidays, purchasing a villa or apartment in Italy is an appealing proposition.
Foreigner's Real Estate Purchase in Italy
Table of Contents
1. Can a foreigner buy a house in Italy?
A foreigner can purchase real estate in Italy in the following cases:
Category | Requirements |
---|---|
Non-regularly resident foreigner | Only if an international treaty allows it or if there is reciprocity (if in their country of origin an Italian is allowed to buy a house) |
"Regularly resident" foreigners, their family members and stateless persons in Italy for less than three years | With residence permit for specific reasons or residence card |
EU and EFTA citizen and stateless person resident for more than three years | Without limits |
2. Can a foreigner receive tax breaks, such as a "first home"?
Italian law aims to facilitate and encourage the purchase of one's own principal home (so-called first home), reducing taxes for those who buy it in various ways.
In particular, at the time of purchase, the buyer pays:
- 2% (registration tax calculated on the cadastral income of the property, with a minimum of €1,000.00) if the seller is a private individual or "non-builder"
- 4% (VAT) if buying from a company or firm (except in some particular cases)
- Plus fixed amount of mortgage and cadastral taxes (currently equal to a total of €100 for purchases from a private individual and €400.00 for purchases from a builder, in addition to another €200 as a fixed registration tax)
The foreigner is also allowed to enjoy the "first home" benefits if they meet the same requirements as those required for Italians.
3. Tax ID Code
The notarial deed is subject to registration at the territorially competent Office based on the residence of the notary who receives the deed from the Revenue Agency, where the tax will be served in the amount provided by law based on the type of property and the subjective characteristics (private individual or business owner) of the parties.
It is necessary that the parties involved in the transaction already have a tax code, issued upon request by the Revenue Agency.
4. Can a foreigner who does not speak Italian participate in a notarial deed?
According to the notarial law, notarial deeds must be written in Italian (art. 54). However, this does not mean that foreigners who do not speak Italian cannot make any contracts in the form of a notarial deed in Italy.
The notarial law provides that when the parties do not know the Italian language, the notarial deed can also be written in a foreign language that all people who participate in the act know, if and as long as this is known by the witnesses and the notary.
If the notary does not know the foreign language, then the deed can and must be done with the intervention of an interpreter, who reads the translation of the document prepared by the notary and guarantees that the same people have understood the content and the legal consequences.
5. What documents are required for a foreigner?
- Residence permit
- Residence card
6. Residence Permit Information
Residence Permit
The residence permit is the document issued to the foreigner who must remain in the territory of the State for a period exceeding 30 days.
If issued for specific, specific reasons, the residence permit grants the foreigner the condition of "regularly resident", which in practice "equalizes" them to an Italian citizen, recognizing almost all the same rights.
Non-EU citizens considered regularly resident:
Those in possession of a residence permit for:
- Work reasons (autonomous or subordinate)
- Exercise of individual business
- Family reasons related to residence permits for work reasons
Residence Card
It is an administrative document that allows the foreigner to stay regularly in Italy, with the possibility of enjoying rights practically equal to those of Italian citizens.
Advantages over residence permit:
- Indefinite duration (does not require renewal)
- Allows performance of all lawful activities, except those expressly prohibited
- Allows access to PA services and benefits
Conditions for issuance:
- To the resident alien who has been in Italy for at least 5 years with a renewable residence permit without limits, demonstrating adequate income
- To the foreign spouse of an Italian citizen or a resident EU citizen in Italy, or who meets the requirements for family reunification
It constitutes a valid identity document for 5 years from issue and grants the status of "long-term resident". Foreigners who are dangerous to public safety are excluded.
7. General Conditions for the Entry of Foreigners into Italy
The entry into Italian territory of foreigners coming from the external borders of the Schengen area is only allowed to foreigners who:
- Present themselves through a border crossing
- Are in possession of a passport or other equivalent travel document recognized as valid
- Have documents justifying the purpose and conditions of the stay and demonstrate sufficient financial resources
- Are in possession, where required, of a valid entry or transit visa
- Are not reported for the purposes of non-admission in the Schengen Information System (SIS)
- Are not considered a danger to public order, national security or international relations
Passports and Equivalent Travel Documents
For entry, stay or transit in the entire Schengen Area, foreigners must be in possession of a passport or other travel document recognized as valid by all Schengen States.
Financial Requirements for Entry into Italy
The foreigner must have financial means that can guarantee their own subsistence during the intended stay and the return to their own country at the end of it.
8. Visa Information
The Entry Visa
The visa is an authorization granted to the foreigner for entry into the territory of the Italian Republic or that of the other Contracting Parties for transit or for stay.
Types of Visas:
- Schengen Uniform Visa (VSU): For transit or short stays (up to 90 days)
- National Visa (VN): For long-stay (over 90 days)
Visa Denial
There is no "right" for foreigners to obtain a visa, but at most a simple "legitimate interest". An appeal against the denial can be submitted to the Administrative Regional Court (TAR) of Lazio within 60 days of notification.
9. The Stay of Foreigners in Italy
Foreigners who come to Italy for periods not exceeding 90 days must make a declaration of presence on Italian territory.
For non-Schengen countries:
The obligation is satisfied with the affixing of the Schengen uniform stamp on the travel document at border control.
For Schengen countries:
Must present the declaration of presence within eight days of entry to the Police Chief of the province.
Non-EU citizens with National Visa:
Must request the residence permit within 8 days of entering the National Territory.
10. Identity Card: Issuing of the identity card
The identity card is a personal identification document that can be requested by any foreign citizen who, upon reaching the age of 15, is in possession of a regular permit of stay and registered residence in the Italian territory.
Requirements:
- Three identical and recent frontal passport-sized photographs
- Valid identification document (for EU citizens)
- Valid passport and residence permit (for non-EU citizens)
Legal Assistance for Purchasing a Home in Tuscan Maremma
Buying a home in Maremma is a significant decision, but Italy’s complex laws, unfamiliar customs, and language barriers can make the process challenging. Protect your investment with expert guidance!
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Luigi Ciampi - Law degree, over 20 years of experience as a real estate agent |
Why You Need Professional Assistance
Key Challenges | Our Solution |
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Complex Italian real estate laws | Legal expertise from notaries & consultants |
Language barriers in transactions | Bilingual support & document handling |
Risk of costly mistakes | Full due diligence & risk assessment |
Unfavorable deals | Negotiation & fair pricing guidance |
Bureaucratic procedures | End-to-end process management |
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