19-09-2024
INTERNATIONAL ACTS
In deeds that involve elements of "internationality" (such as the citizenship or residence abroad of the parties), the Notary conducts all necessary investigations concerning the aspects of private international law involved. The foreign citizenship of the parties may require the application of the national law of the party to certain aspects of the deed (e.g., the family property regime).
If appropriate, the Notary may advise the parties to include in the deed a specific declaration opting for Italian law as the law applicable to the contract (the so-called optio iuris).
The Notary also verifies the condition of reciprocity provided by Article 16 of the preliminary provisions of the Italian Civil Code (which states that foreign citizens are entitled to the same civil rights as Italian citizens only if Italian citizens are granted the same rights in the foreign citizen′s country of origin).
Italian law permits the purchase of real estate by foreigners in the following cases:
-Foreigners not regularly residing in Italy: Only if an international treaty allows it, or if there is reciprocity (i.e., if an Italian citizen is allowed to buy a house in the foreigner′s country of origin).
-Foreigners "regularly residing" in Italy, their family members, and stateless persons residing for less than three years: With a residence permit for specific reasons or a residence card.
-EU and EFTA citizens and stateless persons residing for more than three years: Without limitations.
Thus, it is essential to determine which of these categories a foreigner falls into to understand which documents are needed to acquire rights in Italy.
Can a foreigner receive tax benefits such as the "first home" benefit?
Italian law aims to facilitate and encourage the purchase of one′s "first home," offering various tax reductions. At the time of purchase, the buyer pays 2% in registration tax (with a minimum of 1,000.00, in addition to fixed mortgage and land registry taxes of 50.00 each) if the purchase is made from a private individual. If buying from a company, the buyer pays 4% in VAT (plus a fixed amount of 600.00 in registration, mortgage, and land registry taxes, except in certain specific cases).
A foreigner may be entitled to "first home" benefits if they meet the required conditions, which are the same as those for Italian citizens.
Indeed, Article 40 of Legislative Decree 286/98 provides for the so-called right to access the first home.
Foreigners with regular residence who are registered in employment placement lists or who engage in employed or self-employed work have the right to access public residential housing and subsidized credit for the construction, recovery, purchase, or rental of their first home on equal terms with Italian citizens.
Another tax benefit related to the purchase of a "first home" involves the deductibility (to a certain extent) from income tax of interest paid on mortgages taken out for the purchase of the first home.
Finally, the income generated by the "first home" is not subject to income tax.
Can a foreigner who does not speak Italian participate in a notarial deed?
According to notarial law, notarial deeds must be written in Italian (Article 54).
However, this does not mean that foreigners who do not speak Italian cannot execute contracts in the form of a notarial deed in Italy.
Notarial law provides that when the parties do not know the Italian language, the notarial deed may be written in a foreign language (known to all participants, including any witnesses and the Notary).
If the Notary does not know the foreign language, the deed must be completed with the assistance of an interpreter, who will read the translation of the deed prepared by the Notary and ensure that the parties understand its content and legal implications.
A public deed written in Italian that involves parties who do not understand Italian, nor a language known to the Notary, is null and void, meaning it produces no legal effects (e.g., it would not allow the purchase of a house or the conclusion of a mortgage contract).
What documents are required for a foreigner?
Residence permit:
The residence permit is issued to foreigners who need to stay in Italy for more than 30 days (Article 5, Legislative Decree 286/1998; Article 10, Presidential Decree 394/1999).
If issued for specific reasons, the residence permit grants the foreigner the status of a "regular resident," which, in practice, equates to the rights of an Italian citizen, recognizing nearly all the same rights.
Foreigners holding a residence permit for the following reasons are considered "regularly residing" in Italy: a)Work reasons:
-Self-employed or employed
-Exercise of individual business (though it does not exist as an autonomous category and is part of permits for work reasons)
b) Family reasons:
Linked to residence permits granted for work-related reasons.
If the residence permit is issued for other reasons, it does not grant the non-EU foreigner rights similar to those of an Italian citizen, unless the reciprocity condition is invoked.
Residence card:
Art. 9 of Legislative Decree 286/1998, recently amended by Decree No. 3 of January 8, 2007 (implementing European Directive 2003/109/EC).
It is the administrative document that allows a foreigner to reside legally in Italy, with the possibility of enjoying rights that are almost equal to those of Italian citizens.
It is more advantageous than the residence permit because:
-It has an indefinite duration and, therefore, does not require renewal;
-It allows the performance of all lawful activities, except those expressly prohibited to foreigners or reserved for citizens by law;
-It grants access to public administration services and benefits.
However, it is issued only under stricter conditions than the residence permit:
-To a resident alien (legally residing foreigner) who has been in Italy for at least 5 years, with a renewable residence permit, and who demonstrates having an adequate income;
-To a foreigner who is the cohabiting spouse of an Italian citizen or an EU citizen residing in Italy, or who meets the requirements for family reunification (Articles 29 and 30 of Legislative Decree 286/98).
It serves as a valid identity document for 5 years from the date of issue.
It grants the status of "long-term resident."
Foreigners who pose a threat to public security are excluded from the recognition of this status.
Foreigners in possession of an expired residence permit and who have submitted a renewal application.
In a directive issued by the Minister of the Interior on February 20, 2007 (preceded by similar measures), it was confirmed that foreigners who are in the process of renewing their residence permit retain their rights until the application is processed, provided that the renewal application has been properly and promptly submitted.
With Circulars No. 16/2007 and 17/2007 of April 2, 2007, the Ministry of the Interior Department for Internal and Territorial Affairs clarified that an identity document (not valid for expatriation) may be issued or renewed for foreigners registered with the civil registry who have submitted a valid and timely application for the renewal of their residence permit.
If a foreigner has multiple citizenships, which one is considered?
For individuals with multiple citizenships, Italian law (Law 218/1995, Conflict of Laws) applies the following principles:
-If one of the citizenships is Italian, the individual is considered an Italian citizen.
-If none of the citizenships is Italian, the law of the country with which the individual has the closest connection applies (Article 19 of Law 218/1995).
Can a foreign deed be used in Italy?
A foreign document, that is, a document created abroad, can be validly used in Italy, but it must meet certain specific requirements.
Italian consulates abroad can receive documents that are to be used in Italy. In some countries (Austria, Belgium, France, Germany, and Latvia), Italian consular offices no longer perform notarial functions, and it is necessary to consult a notary in that country.
If the document is written in a foreign language, it must first be translated into Italian, which can be done by an interpreter abroad and certified as correct by an Italian consulate, or it may be done by an Italian notary who knows the foreign language.
Additionally, the document must be legalized or have an Apostille. However, there are international agreements between various states (such as Italy, Austria, France, Germany) that make the Apostille unnecessary.
Finally, the foreign document must be filed with a notary (or the Notarial Archive of the city). This filing is not required if the foreign document is attached to an act by an Italian notary, such as a power of attorney.
What does legalization mean?
Legalization is an essential requirement for a foreign document to produce its legal effects in Italy.
It consists only of the official certification issued by the competent Italian consular or diplomatic authority abroad of the legal status of the public official who signed the document and the authenticity of their signature. If the document is issued by a foreign authority in Italy, it must be legalized by the Prefect in whose jurisdiction the foreign authority is located (with the exception of the Aosta Valley, where the President of the Region is competent, and the Provinces of Trento and Bolzano, where the Government Commissioner is competent).
Legalization does not, however, concern the validity or effectiveness of the document in the country of origin, and in this sense, it is much less than a notarial certification, as legalization (like the Apostille) does not involve any review or acceptance of the documents content.
The absence of legalization means that the document (even if valid and effective in the country of origin) cannot produce effects in Italy and cannot be used by a notary. Specifically, a foreign public document is not valid as such but only as an unauthenticated private document.
If the Italian document is to be used abroad, legalization if required by foreign authorities must be carried out by the Public Prosecutor at the Court in whose jurisdiction the notary receiving or authenticating the document is located. The signature of the Public Prosecutor is, in turn, legalized by the foreign Consulate in whose jurisdiction they reside.
It is provided for by articles 30-31-33 of Presidential Decree 28/12/2000 No. 445, which came into force on March 7, 2001.
Legalization is not necessary when the country from which the foreign document originates has adhered to the Hague Convention of October 5, 1961, on the Apostille, or to an international, bilateral, or multilateral convention that excludes it. The Brussels Convention of 1987, regarding the exemption from the Apostille for relations between EU countries, has not yet been ratified by all EU countries and is therefore only in effect between some of them (for now, it is only in force between Belgium, Denmark, France, Ireland, and Italy).
What is an Apostille?
It is a simplified but absolutely strict form of legalization (in the sense that it must contain exactly all the formal characteristics indicated in the model attached to the Hague Convention of October 5, 1961, which governs it).
It is in force among the countries that have adhered to the Hague Convention of October 5, 1961, and replaces legalization between them.
Like legalization, the Apostille is also essential for a foreign document to be effective in Italy.
Similar to legalization, the Apostille certifies the legal status of the public official (or officer) who signed the document and the authenticity of their seal or stamp. It does not concern the validity or effectiveness of the document in the country of origin. Each participating country designates which authorities are competent to issue the Apostille. In Italy, for notarial, judicial, and civil status documents, the competent authority is the Public Prosecutor at the Courts in whose jurisdiction the documents are drawn up.
For administrative acts (such as the Mayor′s signature and others), the competent authority is the Prefect of the place where the act is issued (with the exception of the Aosta Valley, where the President of the Region is competent, and the Provinces of Trento and Bolzano, where the Government Commissioner is competent).
The Apostille is not required when the country from which the foreign document originates has adhered to an international, bilateral, or multilateral convention that excludes it.
If appropriate, the Notary may advise the parties to include in the deed a specific declaration opting for Italian law as the law applicable to the contract (the so-called optio iuris).
The Notary also verifies the condition of reciprocity provided by Article 16 of the preliminary provisions of the Italian Civil Code (which states that foreign citizens are entitled to the same civil rights as Italian citizens only if Italian citizens are granted the same rights in the foreign citizen′s country of origin).
Italian law permits the purchase of real estate by foreigners in the following cases:
-Foreigners not regularly residing in Italy: Only if an international treaty allows it, or if there is reciprocity (i.e., if an Italian citizen is allowed to buy a house in the foreigner′s country of origin).
-Foreigners "regularly residing" in Italy, their family members, and stateless persons residing for less than three years: With a residence permit for specific reasons or a residence card.
-EU and EFTA citizens and stateless persons residing for more than three years: Without limitations.
Thus, it is essential to determine which of these categories a foreigner falls into to understand which documents are needed to acquire rights in Italy.
Can a foreigner receive tax benefits such as the "first home" benefit?
Italian law aims to facilitate and encourage the purchase of one′s "first home," offering various tax reductions. At the time of purchase, the buyer pays 2% in registration tax (with a minimum of 1,000.00, in addition to fixed mortgage and land registry taxes of 50.00 each) if the purchase is made from a private individual. If buying from a company, the buyer pays 4% in VAT (plus a fixed amount of 600.00 in registration, mortgage, and land registry taxes, except in certain specific cases).
A foreigner may be entitled to "first home" benefits if they meet the required conditions, which are the same as those for Italian citizens.
Indeed, Article 40 of Legislative Decree 286/98 provides for the so-called right to access the first home.
Foreigners with regular residence who are registered in employment placement lists or who engage in employed or self-employed work have the right to access public residential housing and subsidized credit for the construction, recovery, purchase, or rental of their first home on equal terms with Italian citizens.
Another tax benefit related to the purchase of a "first home" involves the deductibility (to a certain extent) from income tax of interest paid on mortgages taken out for the purchase of the first home.
Finally, the income generated by the "first home" is not subject to income tax.
Can a foreigner who does not speak Italian participate in a notarial deed?
According to notarial law, notarial deeds must be written in Italian (Article 54).
However, this does not mean that foreigners who do not speak Italian cannot execute contracts in the form of a notarial deed in Italy.
Notarial law provides that when the parties do not know the Italian language, the notarial deed may be written in a foreign language (known to all participants, including any witnesses and the Notary).
If the Notary does not know the foreign language, the deed must be completed with the assistance of an interpreter, who will read the translation of the deed prepared by the Notary and ensure that the parties understand its content and legal implications.
A public deed written in Italian that involves parties who do not understand Italian, nor a language known to the Notary, is null and void, meaning it produces no legal effects (e.g., it would not allow the purchase of a house or the conclusion of a mortgage contract).
What documents are required for a foreigner?
Residence permit:
The residence permit is issued to foreigners who need to stay in Italy for more than 30 days (Article 5, Legislative Decree 286/1998; Article 10, Presidential Decree 394/1999).
If issued for specific reasons, the residence permit grants the foreigner the status of a "regular resident," which, in practice, equates to the rights of an Italian citizen, recognizing nearly all the same rights.
Foreigners holding a residence permit for the following reasons are considered "regularly residing" in Italy: a)Work reasons:
-Self-employed or employed
-Exercise of individual business (though it does not exist as an autonomous category and is part of permits for work reasons)
b) Family reasons:
Linked to residence permits granted for work-related reasons.
If the residence permit is issued for other reasons, it does not grant the non-EU foreigner rights similar to those of an Italian citizen, unless the reciprocity condition is invoked.
Residence card:
Art. 9 of Legislative Decree 286/1998, recently amended by Decree No. 3 of January 8, 2007 (implementing European Directive 2003/109/EC).
It is the administrative document that allows a foreigner to reside legally in Italy, with the possibility of enjoying rights that are almost equal to those of Italian citizens.
It is more advantageous than the residence permit because:
-It has an indefinite duration and, therefore, does not require renewal;
-It allows the performance of all lawful activities, except those expressly prohibited to foreigners or reserved for citizens by law;
-It grants access to public administration services and benefits.
However, it is issued only under stricter conditions than the residence permit:
-To a resident alien (legally residing foreigner) who has been in Italy for at least 5 years, with a renewable residence permit, and who demonstrates having an adequate income;
-To a foreigner who is the cohabiting spouse of an Italian citizen or an EU citizen residing in Italy, or who meets the requirements for family reunification (Articles 29 and 30 of Legislative Decree 286/98).
It serves as a valid identity document for 5 years from the date of issue.
It grants the status of "long-term resident."
Foreigners who pose a threat to public security are excluded from the recognition of this status.
Foreigners in possession of an expired residence permit and who have submitted a renewal application.
In a directive issued by the Minister of the Interior on February 20, 2007 (preceded by similar measures), it was confirmed that foreigners who are in the process of renewing their residence permit retain their rights until the application is processed, provided that the renewal application has been properly and promptly submitted.
With Circulars No. 16/2007 and 17/2007 of April 2, 2007, the Ministry of the Interior Department for Internal and Territorial Affairs clarified that an identity document (not valid for expatriation) may be issued or renewed for foreigners registered with the civil registry who have submitted a valid and timely application for the renewal of their residence permit.
If a foreigner has multiple citizenships, which one is considered?
For individuals with multiple citizenships, Italian law (Law 218/1995, Conflict of Laws) applies the following principles:
-If one of the citizenships is Italian, the individual is considered an Italian citizen.
-If none of the citizenships is Italian, the law of the country with which the individual has the closest connection applies (Article 19 of Law 218/1995).
Can a foreign deed be used in Italy?
A foreign document, that is, a document created abroad, can be validly used in Italy, but it must meet certain specific requirements.
Italian consulates abroad can receive documents that are to be used in Italy. In some countries (Austria, Belgium, France, Germany, and Latvia), Italian consular offices no longer perform notarial functions, and it is necessary to consult a notary in that country.
If the document is written in a foreign language, it must first be translated into Italian, which can be done by an interpreter abroad and certified as correct by an Italian consulate, or it may be done by an Italian notary who knows the foreign language.
Additionally, the document must be legalized or have an Apostille. However, there are international agreements between various states (such as Italy, Austria, France, Germany) that make the Apostille unnecessary.
Finally, the foreign document must be filed with a notary (or the Notarial Archive of the city). This filing is not required if the foreign document is attached to an act by an Italian notary, such as a power of attorney.
What does legalization mean?
Legalization is an essential requirement for a foreign document to produce its legal effects in Italy.
It consists only of the official certification issued by the competent Italian consular or diplomatic authority abroad of the legal status of the public official who signed the document and the authenticity of their signature. If the document is issued by a foreign authority in Italy, it must be legalized by the Prefect in whose jurisdiction the foreign authority is located (with the exception of the Aosta Valley, where the President of the Region is competent, and the Provinces of Trento and Bolzano, where the Government Commissioner is competent).
Legalization does not, however, concern the validity or effectiveness of the document in the country of origin, and in this sense, it is much less than a notarial certification, as legalization (like the Apostille) does not involve any review or acceptance of the documents content.
The absence of legalization means that the document (even if valid and effective in the country of origin) cannot produce effects in Italy and cannot be used by a notary. Specifically, a foreign public document is not valid as such but only as an unauthenticated private document.
If the Italian document is to be used abroad, legalization if required by foreign authorities must be carried out by the Public Prosecutor at the Court in whose jurisdiction the notary receiving or authenticating the document is located. The signature of the Public Prosecutor is, in turn, legalized by the foreign Consulate in whose jurisdiction they reside.
It is provided for by articles 30-31-33 of Presidential Decree 28/12/2000 No. 445, which came into force on March 7, 2001.
Legalization is not necessary when the country from which the foreign document originates has adhered to the Hague Convention of October 5, 1961, on the Apostille, or to an international, bilateral, or multilateral convention that excludes it. The Brussels Convention of 1987, regarding the exemption from the Apostille for relations between EU countries, has not yet been ratified by all EU countries and is therefore only in effect between some of them (for now, it is only in force between Belgium, Denmark, France, Ireland, and Italy).
What is an Apostille?
It is a simplified but absolutely strict form of legalization (in the sense that it must contain exactly all the formal characteristics indicated in the model attached to the Hague Convention of October 5, 1961, which governs it).
It is in force among the countries that have adhered to the Hague Convention of October 5, 1961, and replaces legalization between them.
Like legalization, the Apostille is also essential for a foreign document to be effective in Italy.
Similar to legalization, the Apostille certifies the legal status of the public official (or officer) who signed the document and the authenticity of their seal or stamp. It does not concern the validity or effectiveness of the document in the country of origin. Each participating country designates which authorities are competent to issue the Apostille. In Italy, for notarial, judicial, and civil status documents, the competent authority is the Public Prosecutor at the Courts in whose jurisdiction the documents are drawn up.
For administrative acts (such as the Mayor′s signature and others), the competent authority is the Prefect of the place where the act is issued (with the exception of the Aosta Valley, where the President of the Region is competent, and the Provinces of Trento and Bolzano, where the Government Commissioner is competent).
The Apostille is not required when the country from which the foreign document originates has adhered to an international, bilateral, or multilateral convention that excludes it.
© - Adjectives - BDF communication - 2025 - Privacy Policy
