Who chooses the notary, who pays for them
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What a notary is and why you need oneWho chooses the notary?Who pays the notary?How heavy are the taxes?An example with invented numbersWhat to check in the quoteWhat the notary does before signingAnd at auction?In practiceFrequently asked questionsSourcesAs a rule, the buyer chooses and pays the notary. The notary drafts the notarial deed (rogito), that is, the public deed that transfers the home, and checks that everything is in order. The notary's fee, the honorarium (onorario), is added to the taxes.
What a notary is and why you need one
A notary is a public official, that is, a professional who gives the act its public form. To sell a home, a verbal agreement is not enough: the sale of property requires written form, under penalty of nullity (art. 1350 of the Civil Code), and in practice it is done with the notarial deed (rogito), that is, the public deed before a notary (art. 2699 of the Civil Code).
The notary does not work for just one side. They verify that the seller is the owner, check the land registry extracts (visure) to see whether there are mortgages or seizures, and read the deed aloud to the parties before signing. After signing, the deed must be recorded in the property registers: this makes your purchase enforceable against third parties, that is, it also holds against anyone who claims rights over the home.
Who chooses the notary?
As a rule, the notary is chosen by the buyer, who is also the one who pays. The seller may propose a name, and you may propose one of your own.
The advice is to decide on the notary before signing the preliminary contract (compromesso), and to write it into the contract or into a written agreement. If you find out at the last minute, you risk delays and costs you did not plan for. To understand the preliminary contract, read how the preliminary contract (compromesso) works.
You can also choose a notary in another city. However, ask whether they can receive the deed where you need it, because the notary operates within the area where they are licensed. Check that the signing date is compatible with your mortgage, if you have one, and with the deadlines written into the preliminary contract.
Who pays the notary?
The notary's fee is called the honorarium (onorario). There is no mandatory rate: each notary makes their own quote. For this reason it is worth asking for more than one and comparing them line by line. On top of the honorarium come the out-of-pocket expenses (spese vive), that is, the costs the notary advances on your behalf, such as land registry extracts, registration and cancellations.
In practice, the buyer bears the main part of these expenses. Write it in the quote and in the contract, so there are no surprises. If an item is not clear to you, ask for the quote to be broken down.
How heavy are the taxes?
Taxes are the heaviest part. For a purchase from a private individual, the registration tax (imposta di registro) is 9% of the price. If the home is your first home (prima casa) and you meet the requirements for the relief, it drops to 2%. Add the mortgage tax (imposta ipotecaria) and the cadastral tax (imposta catastale), which are fixed and worth €50 each.
There is a minimum of €1,000 for the proportional registration tax. So for low-value homes, the tax does not fall below that threshold.
Another rule can change the calculation: the prezzo-valore. For a home bought from a natural person who is not acting as a business, without VAT, you can ask for the tax to be calculated on the cadastral value instead of the price. It must be requested expressly, and it must be requested in time, before the decree or the deed. The notary will tell you whether it applies in your case.
An example with invented numbers
Let us take an invented case. You buy a home for €100,000, which is not your first home, from a private individual.
- Purchase price: €100,000.
- Registration tax (9%): €9,000.
- Mortgage tax: €50.
- Cadastral tax: €50.
- Total taxes: €9,100.
If the notary asked for a €1,000 honorarium, the sum of taxes and honorarium would be €10,100, before the other documented expenses.
Now change one figure. Imagine that the home is your first home and that you meet the requirements. The registration tax drops to 2%, that is, €2,000. With the two fixed taxes you reach €2,100. The difference is clear, and for this reason it is worth checking straight away whether you are entitled to the relief, because the declarations must be made in the deed.
These are calculations on a hypothetical price, not a promise of savings. The real figures are in your notary's quote and in the rules in force at the time of the deed.
What to check in the quote
When you receive the quote, check that it lists these items separately:
- the notary's honorarium, that is, their fee;
- the registration tax, with the rate applied (9% or 2%);
- the mortgage and cadastral taxes, which must appear as fixed;
- the out-of-pocket expenses advanced: land registry extracts, registration, any cancellations;
- any other item you do not recognise, to be explained to you in writing.
Also ask whether you want the price to be held in escrow with the notary. This is possible at the request of the parties: the seller collects after the deed has been recorded, and you are better protected if something does not add up in the registers.
What the notary does before signing
Before signing, the notary verifies from whom the seller bought the home, and whether there are mortgages or seizures to be cancelled. They also check that the cadastral data match the actual state of the property.
The cadastral check is mandatory. Notarial deeds must refer to the floor plan and declare that the data conform, under penalty of nullity (Law 52/1985, art. 29). If the floor plan does not match the home, the notary must point this out to you before signing.
Ask for the draft of the deed a few days in advance. Read calmly the price, dates, cadastral data and the declarations on the first home. Ask about any parts you do not understand: it is your right to know what you are signing.
And at auction?
At a court auction there is no notarial deed to choose. The sale is closed with the transfer decree (decreto di trasferimento), which the sale delegate (delegato alla vendita) prepares and the judge issues. The delegate, who may be a notary, a lawyer or an accountant, is appointed by the judge: you do not choose them.
The cost, however, remains yours. You pay the registration taxes and the recording of the decree, as the successful bidder (aggiudicatario). For the steps after the sale, read what happens after the award (aggiudicazione).
In practice
- Decide the notary with the seller before signing the preliminary contract, and write it down.
- Ask for two or three quotes and compare the honorarium separately from the taxes.
- Calculate the registration tax on the price: 9% for a second home, 2% for a first home if you meet the requirements, with a minimum of €1,000.
- Ask for the draft of the deed a few days in advance and check the cadastral data, price and dates.
- Check whether holding the price in escrow with the notary is worth it for you.
Frequently asked questions
Can I choose a different notary from the seller's?
Yes. As a rule, the buyer chooses the notary. If you do not agree, you risk the deed being set for dates that do not suit you. Put the agreement in writing.
Does the seller pay anything for the notary?
Usually the main part of the expenses is the buyer's. The seller may have their own expenses, for example for cancelling a mortgage on the home they are selling. Ask the notary to indicate who pays what, item by item.
Is a notary also needed for the preliminary contract?
The preliminary contract must be in writing and can be recorded to protect you from later sales. The notarial deed, on the other hand, is the act that transfers the home and must be made before a notary. Read how to register the preliminary contract (compromesso).
Sources
In the same chapter
- Confirmatory deposit (caparra confirmatoria) and penitential deposit (caparra penitenziale): the differencesWith a confirmatory deposit, if you back out you lose the deposit; if the person who received it backs out, they return it doubled. Here are the differences, with examples.
- Buying a home: every step from search to the notarial deed (rogito)From the viewing to signing at the notary: the six steps to buy a home, with documents, sums to pay and checks before you sign.
- Preliminary contract (compromesso): what it is and what it must containThe preliminary contract (compromesso) is the agreement through which you commit to buying a home. I explain what it is, what it must contain and how much you risk if the sale falls through.
- Right of habitation (diritto di abitazione): what it isThe right of habitation lets you live in someone else's home only with your family: it cannot be sold or rented out. Here is how it works.
- Pre-emption right: when it exists and how it worksPre-emption (prelazione) is the priority that gives you the right to buy first, at the same price and conditions: when it exists and how it works.
- Floor, orientation and lift: what they are worthFloor, orientation and lift change the price of a home. Here is how to assess them, with an example in euros and what to check before making an offer.
General information, not legal or tax advice: the law and the notice of sale prevail.
