Frequently Asked Questions: Italian Property, Tenancy & Law
- Jennifer Sontag
- 5 days ago
- 4 min read
Navigating the Italian system requires understanding that core roles and documents (like realtors, notaries, and leases) function fundamentally differently than they do in the U.S. Here are the essential facts for new residents and citizens.
Frequently Asked Questions:
1. What is a codice fiscale? And do I really need one?
What it is: The Italian Tax Code (codice fiscale) is a unique alphanumeric identifier assigned to every person and entity dealing with Italian public administration. It is similar to a U.S. Social Security Number but is used strictly for identification.
Do you need one? Absolutely. It is mandatory for virtually every bureaucratic step: opening a bank account, signing any contract (including leases and property purchases), connecting utilities, enrolling in the healthcare system, and applying for your Carta d'Identità.
2. What does a property search entail?
The search is usually centralized via major online portals and direct realtor contact:
Online Portals: Most properties (both rentals and sales) are listed on centralized websites like Immobiliare.it and Casa.it.
Realtor Contact: Unlike the U.S., where you often work with a single buyer's agent, in Italy, you will likely contact multiple agencies based on the listings you see.
Local Agencies: For smaller towns, using a local, independent agency that relies on word-of-mouth is often essential, as many excellent properties never make it online.
3. How do realtors work in Italy? What is different vs. the U.S.?
The biggest difference lies in agency representation and listing exclusivity:
Dual Representation (Italy): In Italy, the real estate agent (agente immobiliare) acts as an impartial intermediary who represents both the seller/landlord and the buyer/tenant. They are legally obligated to disclose all relevant information to both parties.
What an Agent Can Show: Unlike the U.S. where a single agent can show almost any property via the MLS, Italian agents are generally limited to showing properties within their own exclusive portfolio or where a commission split has been agreed upon with the listing agency. This means you will likely need to work with multiple agencies to see all available properties.
Commission: Because the agent serves both sides, the commission is typically split. Both the buyer and the seller (or the landlord and the tenant) pay the agency a percentage of the sale price or annual rent, usually around 3% + IVA (VAT) each.
U.S. Contrast: In the U.S., agents usually practice exclusive representation, meaning they work solely to serve the interests of either the buyer or the seller.
4. What does a typical lease look like?
(Transitory/Temporary & 4+4)
In Italy, tenancy laws strictly define lease types, which directly impact a resident's stability and ability to register for Residenza (legal residency).
5. What is a registered lease? Does my lease need to be registered?
What it is: A registered lease is a rental contract (contratto di locazione) that has been officially filed with the Agenzia delle Entrate and had the required taxes paid.
Is it mandatory? Yes, registration is legally required for any tenancy contract lasting longer than 30 days.
Why it matters: Registration protects the tenant by locking in the agreed-upon rent and terms, making them legally binding. Crucially, proof of a registered lease is mandatory for successfully establishing Residenza (legal residency) in Italy.
6. What is the Agenzia delle Entrate?
The Agenzia delle Entrate is the Italian Revenue Agency, essentially Italy's IRS.
Function: It manages tax collection, administers the national tax code (codice fiscale), handles property registry, and, crucially, is the office where all formal, long-term contracts (like leases and property deeds) must be registered and associated taxes paid.
7. Do I need an attorney? What does the attorney do?
Yes, an attorney is highly recommended, especially when purchasing property or signing long-term leases.
Role: An Italian attorney (avvocato) is the only professional whose duty is to represent your specific interests—and yours alone. They are not impartial like a notaio or dual-representing like a realtor.
Function: They review contracts, leases, and preliminary agreements (compromesso) before you sign, ensure the property's legal status is clear, and help mitigate risks, such as the predatory lease terms discussed in Paola's case study.
8. What is the job of a notaio (notary)? Do I need one?
The notaio (a specialized public official, much more powerful than a U.S. notary public) is mandatory for any property purchase in Italy.
Role: The notaio is an impartial public official who ensures the contract complies with Italian law, verifies the property's title and legal status (visure catastali), calculates and collects property taxes, and registers the transaction publicly. They protect the interests of the State and guarantee the legality of the transaction, not your personal financial interests.
Cost: The buyer always selects and pays the notaio's fee.