Guida aste · After the award

Transfer decree (decreto di trasferimento): what it is, when it arrives, what it contains

Updated on 5 November 20268 min read
On this pageWhat the transfer decree is, in plain wordsWhen the decree arrives, step by stepWhat the transfer decree containsWhy the decree matters more than the notarial deedTranscription and change of ownership: the formalities after the decreeWhat happens if the decree is challengedIn practiceFrequently asked questionsSources
In short

The transfer decree (decreto di trasferimento) is the order by which the judge recognises you as the owner of the property you bought at auction. It arrives after you have paid the balance of the price, and it takes the place of the notarial deed (rogito) you would use in an ordinary sale. In the decree you also find the order to cancel mortgages (ipoteche) and seizures and, if the property is still lived in by the debtor, the order to leave it free.

What the transfer decree is, in plain words

The transfer decree is an act of the enforcement judge (giudice dell'esecuzione), that is, the magistrate who directs the procedure. It is provided for by article 586 of the Code of Civil Procedure. With this act, ownership passes from the person who lost it, the debtor, to you, who won the auction.

In a court auction there is no notary who signs the transfer. The decree takes its place. The sale delegate (delegato alla vendita), that is, the notary, lawyer or accountant to whom the judge has entrusted the sale, prepares it and takes care of its registration and transcription.

Pay attention: the decree does not arrive as soon as you win the auction. It arrives after you have paid the balance. Before that you only have the award (aggiudicazione), that is, your victory at auction, which however does not yet give you ownership.

When the decree arrives, step by step

The typical sequence is this:

  • You win the auction and receive the award (aggiudicazione), with the indication of the award price.
  • Within the deadline set in the sale notice you pay the balance of the price. The maximum deadline is 120 days from the award, as provided by article 585 of the Code of Civil Procedure.
  • The delegate checks the payment and prepares the draft of the decree.
  • The judge signs the transfer decree.
  • Once the decree is signed, ownership passes to you; then the delegate has it registered and transcribed.

Example. Award price: €100,000. The balance is due within the deadline in the notice. If the deposit (cauzione) paid with the offer was €10,000, it is credited to the price: the balance of the price will be €90,000, plus the expenses fund indicated by the delegate. The decree arrives only after full payment.

The time between the balance and the judge's signature depends on the court and the case. There is no fixed deadline: you can get up-to-date information from the delegate. If payment does not arrive within the deadlines, you risk losing the deposit, as explained further in the guide on late payment of the balance.

To understand how you reach this point, you can read the guide what happens after the award: all the steps.

What the transfer decree contains

The decree is a short but very important document. It usually contains:

  • the identification of the property, with the land registry data and the lot;
  • the name of the successful bidder (aggiudicatario), that is you, and the award price;
  • the order to cancel the mortgages and seizures affecting the property;
  • the order to the debtor or the court-appointed custodian (custode) to vacate the property, when it is still occupied;
  • the reference to the transfer taxes that the delegate must collect.

The decree is also an enforceable title for eviction: if the property is occupied and the person living there does not leave, you can ask for the order to be carried out. This is a point it is worth clarifying beforehand, because the times for vacating can be long. You will find the details in the guide on an occupied house at auction.

The decree does not guarantee the absence of defects. In a forced sale there is no warranty for defects of the thing, as established by article 2922 of the Civil Code. For this reason the appraisal report (perizia) must be read carefully before the offer, as explained in the guide on how to read an auction appraisal report section by section.

Why the decree matters more than the notarial deed

In the normal world, the notarial deed from the notary is the act that makes you the owner. At auction, the decree does the same job. It has the effect of transfer and, at the same time, cancels the mortgages and seizures that affected the property. This effect is called purging (purgativo).

This means you do not have to cancel the former owner's mortgages separately. The decree eliminates them. But who pays the cancellation costs is stated in the sale notice, and that point must be checked carefully. Learn more in cancellation of mortgages and seizures after the auction and in who pays for the cancellation of mortgages.

Transcription and change of ownership: the formalities after the decree

The decree must be transcribed in the property registers, and the land registry (catasto) must be updated with the change of ownership (voltura). The delegate usually takes care of these formalities, but you need to know that they exist and that they have a cost. Transfer taxes, such as the registration tax (imposta di registro), are calculated on the award price, except in the case of the price-value (prezzo-valore), which must be requested in time.

For an overview of these steps, read transcription and change of ownership after the transfer decree. If you need an official copy of the order, for example for the bank or for a notary, you will find how to obtain it in the guide on copy of the transfer decree.

What happens if the decree is challenged

The decree does not always arrive without problems. The judge may suspend the sale if the price is considerably lower than the correct one (art. 586 c.p.c.); procedural nullities, on the other hand, do not undo the successful bidder's purchase, except in case of collusion with the creditor (art. 2929 c.c.). In these cases the times get longer and the property is not yet fully yours. The cases and remedies are explained in award suspended or annulled: cases and remedies. The debtor may also file an opposition, as described in opposition by the debtor after the auction.

Do not take anything for granted: check the status of the procedure on the file, through the delegate, before making plans for the property.

In practice

  • Check the deadline for the balance of the price in the sale notice: the decree arrives only after payment.
  • Ask the delegate which taxes and transfer costs you will have to pay, and when.
  • Check whether the notice says who pays for the cancellation of mortgages and seizures.
  • If you want the price-value for the tax, ask the delegate for it before the decree and in writing.
  • Keep the notice, the minutes of the award and the receipt for the balance: you will need them for the decree.

Frequently asked questions

Does the transfer decree arrive right after the auction?

No. It arrives after you have paid the balance of the price within the deadline in the notice. After the judge signs it, the decree is registered and transcribed.

Does the decree replace the notarial deed?

Yes, in a court auction the decree takes the place of the notarial sale deed. So you do not have to sign a separate notarial deed.

Does the decree guarantee that the property has no defects?

No. In a forced sale there is no warranty for defects, as established by article 2922 of the Civil Code. For this reason it is important to read the appraisal report carefully before making your offer.

Can I use the decree to get the people living in the house out?

If the decree contains the order to vacate, the decree is the title to obtain it. The times can however be long, and the situation depends on the specific case.

Sources

In the same chapter

General information, not legal or tax advice: the law and the notice of sale prevail.