Notarial deed (rogito): what happens at the notary's office
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What a notarial deed is in simple termsBefore the signing day: what the notary asks of youThe day of the deed: what happens at the notary's officeCadastral compliance: an error that makes the deed voidThe energy performance certificate (APE)How much you pay and whenThe price: where the money goesThe agent's commission at the deedAfter signing: registration and recordingCondominium charges at the deedWhat to check before signingThe seller's warrantiesIn practiceFrequently asked questionsSourcesThe notarial deed (rogito) is the public deed by which ownership of the home passes from the seller to you. You sign it in front of the notary, who drafts it, checks the details, oversees the payment and then registers and records the deed.
Without a notarial deed the sale is not valid: the law requires written form on pain of nullity (art. 1350 of the Civil Code). That is why the notarial deed is the moment when the purchase becomes final.
What a notarial deed is in simple terms
The notarial deed is a public deed. This means it is drawn up by a public official, the notary, and it carries more weight than a private written agreement signed by two people (art. 2699 of the Civil Code). The document contains the details of the property, the price, who is selling and who is buying, and the statements the parties make.
The notarial deed is proof of your purchase. You need it for the whole life of the home, every time you sell it or use it as security with a bank.
Before the signing day: what the notary asks of you
A few days before the signing the notary prepares a draft of the deed and sends it to you and to the seller. It is the text you will sign, so read it calmly and mark your questions.
Usually they ask you for:
- your identity documents and tax code (codice fiscale);
- your bank details, if you are buying with a mortgage;
- proof of any advance payment or deposit (caparra) already paid;
- the declarations for first home (prima casa) relief, if you are claiming it.
If you are buying with a mortgage, the bank also asks you for a contract setting out its terms. Ask the notary to explain the difference between the bank's draft and the sale deed: they are two different documents, and dates and amounts must match.
The day of the deed: what happens at the notary's office
On the signing day the notary reads the deed out loud, or asks whether you would prefer to read it yourself in full. You can ask to re-read any part, as many times as you like. Do not sign anything you do not understand.
Before signing, check at least these points:
- the price written down is the one you agreed with the seller;
- the cadastral details match those in the land registry extract (visura catastale);
- the description of the property matches what you saw during the viewing;
- mortgages and attachments (pignoramenti) are listed, and the notary explains how they will be cancelled;
- the date for handing over the keys and the handover conditions are written down.
The notary checks the seller's ownership, the mortgages and the history of the property. Their check does not replace yours, but it is an extra safeguard.
Cadastral compliance: an error that makes the deed void
The deed must contain the cadastral details, a reference to the floor plan and a declaration of compliance. If these are missing, the deed is void (art. 29, paragraph 1-bis, of Law 52/1985).
If the floor plan does not match the actual home, the notary will point this out to you. In that case the cadastral records need updating, usually with a technician and a procedure called DOCFA. Ask how much it costs before you sign, so there are no surprises later.
The energy performance certificate (APE)
To sell a home you need the APE, the certificate showing the property's energy class. The contract must include a clause referring to it, and the certificate must be attached. If it is missing, the law provides for an administrative penalty (Legislative Decree 192/2005, art. 6 and art. 15).
The APE is valid for 10 years. If the seller does not hand it over to you, ask for it before signing, not after.
How much you pay and when
At the deed you pay three groups of costs: taxes, the notary and, if applicable, the mortgage.
Taxes. For a purchase from a private individual, registration tax is 9% of the price, or 2% with first home (prima casa) relief, with a minimum of €1,000. Mortgage tax and cadastral tax are added, each fixed at €50. Example, with a price of €100,000:
- second home: €9,000 registration tax + €50 + €50 = €9,100;
- first home: €2,000 registration tax + €50 + €50 = €2,100.
If the seller is a company, VAT changes the figures. The notary will tell you which regime applies, and the figures should be checked on the deed.
Notary. The fee is free: there is no mandatory tariff. Ask for a written estimate and compare it with that of another practice. As a rule, the buyer pays the notary. To understand how to choose and who pays, read who chooses the notary and who pays them and how much the notary costs when buying a home.
Mortgage. If you buy with a mortgage you pay a substitute tax on the amount advanced: 0.25% for a first home, 2% in other cases. Example: a mortgage of €80,000 for a first home, tax of €200.
Add up all these items before signing and ask the notary for a single overview: that way you know how much will leave your account on the day of the deed.
The price: where the money goes
The price is paid on the day of the deed, by cashier's cheque or bank transfer. If you have already paid an advance payment or a deposit, that sum is deducted from the final price. The notary will show this in the deed.
If your relationship with the seller is not entirely smooth, you can ask for the price to be deposited with the notary. The seller only receives the money after the deed has been recorded (Law 124/2017, art. 1, paragraphs 63-67).
An advance payment and a deposit are not the same thing, and if the sale falls through the consequences differ greatly. Read confirmatory and penalty deposits: the differences before paying any sum.
The agent's commission at the deed
If you bought through an estate agent, in the deed the parties declare whether there was a broker and how much they paid. This is a legal requirement (Decree-Law 223/2006, art. 35, paragraph 22). Check that the declaration matches what you actually paid.
After signing: registration and recording
After the deed the notary registers it and records it in the property registers. Recording makes your ownership enforceable against third parties: if the seller sold the same home twice, the buyer who recorded first would win (art. 2643 of the Civil Code).
The notary carries out registration and recording, while you pay the taxes. Ask for a copy of the deed and the recording note: you will need these documents in the future.
Condominium charges at the deed
If the home is part of a condominium (building owners' association), the buyer may also end up paying arrears. Whoever takes over the rights of a condominium owner is jointly liable for the contributions for the current year and the previous year (art. 63, paragraph 4, implementing provisions of the Civil Code).
Example: deed in March 2026, and the seller has condominium debts from 2023 to 2026. The condominium can ask the buyer for 2025 and 2026, not for 2023 and 2024. For this reason, ask the administrator for a statement of payments before signing.
What to check before signing
Before signing, reread these points:
- the price and payment terms;
- the cadastral details and the floor plan;
- the presence of the APE and of the clause referring to it;
- mortgages and attachments, with an explanation of how they will be cancelled;
- the condominium charges for the current year and the previous one;
- the date for handing over the keys.
The seller's warranties
If you discover a defect in the home after the deed, the law protects you, but within tight deadlines. You must report it within 8 days of discovery and take action within one year of delivery (arts. 1490 and 1495 of the Civil Code). Note down every problem straight away.
If you buy at auction the rule is different: in a forced sale there is no warranty against defects (art. 2922 of the Civil Code). Read how a property auction works: from the notice to the keys for the full picture.
In practice
- Ask the notary for the draft deed a few days before the signing and read it calmly.
- Compare the cadastral details with the land registry extract and the floor plan with the actual home.
- Ask for the APE and check that the contract contains the clause referring to it.
- Calculate the taxes: 9% or 2% with first home (prima casa), plus €50 + €50 fixed.
- Ask the notary for a written estimate and compare it with that of another practice.
Frequently asked questions
Do I choose the notary or does the seller?
As a rule the buyer chooses, but the choice should be agreed with the seller. If you do not agree, ask for terms from two different practices. The fee is free, so it is worth asking in advance.
Can I sign the deed without being present?
In principle you must be present. Powers of attorney exist, that is, authorisations given to another person, and the notary checks them carefully. Ask the notary how it works in your case.
What happens if I find a problem on the day of signing?
Do not sign until the problem has been resolved or clarified in writing. The notary can postpone the signing. Once signed, the deed takes effect, so it is best to resolve everything beforehand.
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.
- Who chooses the notary, who pays for themAs a rule, the buyer chooses and pays the notary, that is, the fee and the taxes: how to read the quote.
- 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.
General information, not legal or tax advice: the law and the notice of sale prevail.
