Selling a home without surprises.
Documents, planning and land registry checks, the energy certificate, taxes and the notary: everything you need to know before putting your property on the market, with official sources.
Sales do not fall through over price. They fall through over a missing document, discovered when it is too late.
Selling a home well means two things: finding the right buyer and reaching the notarial deed of sale (rogito) without a hitch. The first requires knowledge of the market; the second requires method.
By law, the notary checks planning and land registry compliance, mortgages and restrictions. But if a problem emerges at the notary's table, the buyer is already committed, the deposit has been paid and time is short. That is why the checks should be made beforehand, while there is still time to put things right.
In this guide you will find the steps, the documents and the legal obligations, each with its official source. And, where relevant, the way we work.
What we advise everyone.
The preliminary contract, always with a trusted notary
A purchase offer binds only the person who signs it; the preliminary contract (compromesso or preliminare) binds both parties. When drawn up by a notary (as a public deed or an authenticated private agreement) it can be registered: from that moment the home is “reserved” for the buyer, the seller can neither sell it to anyone else nor mortgage it, and the seller's creditors cannot seize it.
Source: Consiglio Nazionale del Notariato (Italian National Council of Notaries) – The preliminary contract · accessed October 2026Only agents registered with the Chamber of Commerce
To work as a real estate broker in Italy one must complete a course, pass an exam and be entered in the Companies Register (Registro delle Imprese). Anyone who is not registered has no right to a commission and is practising unlawfully. Registration can be checked with a simple Chamber of Commerce extract (visura camerale).
Source: Camera di Commercio di Torino (Turin Chamber of Commerce) – Guide “Rivolgersi a un agente immobiliare” (Working with an estate agent) · 2021 editionAnd covered by professional insurance
The law requires agents to hold professional liability insurance covering errors and negligence, to protect their clients. A serious professional will show it to you without hesitation: it is the guarantee that a mistake will not fall on you.
Source: Law no. 39 of 3 February 1989 – Real estate brokers · current text on NormattivaDocuments first, signatures after
If the property does not match its cadastral floor plan, or the references to its building permits are missing, the notarial deed of sale (rogito) is void by law. Planning and land registry checks should be carried out before the offer, not in the week of the notary appointment.
Source: Presidential Decree (D.P.R.) 380/2001 (Consolidated Building Code), art. 46 – Nullity of deeds · current text on NormattivaTraceable payments, a protected price
The deed states the means of payment and the agency's commission. And the buyer may ask for the balance to be held in the notary's dedicated account until the deed has been registered: ring-fenced funds that cannot be seized, safe for both parties.
Source: Consiglio Nazionale del Notariato (Italian National Council of Notaries) – Depositing the price with the notary · accessed October 2026
The process, in order.
An honest valuation, based on data
The right price is not the highest one: it is the one at which the home sells. We start from actual sales in the area and from the official values of the Property Market Observatory (OMI), then go into detail: location, distance from the sea, garden, condition. An overpriced home lingers on the market and ends up selling for less.
Source: Agenzia delle Entrate (Italian Revenue Agency) – Osservatorio del Mercato Immobiliare (Property Market Observatory, OMI) · official half-yearly valuesChecking the documents, before the listing
We gather the title deed, the cadastral floor plan and land registry extract (visura catastale), building permits and the certificate of habitability, and compare them with the actual state of the property. If there is an enclosed veranda or a moved partition wall, a surveyor can regularise it in good time: a land registry update or a retrospective planning approval (sanatoria), depending on the case.
The energy performance certificate
The energy performance certificate (APE) must be obtained before the property is advertised, because the energy class and index have to appear in every advertisement. It is valid for ten years and must be handed to the buyer.
Source: Legislative Decree (D.Lgs.) 192/2005, arts. 6 and 15 – Energy performance certificate (APE) · current text on NormattivaA clear, written mandate
Duration, asking price, commission and any exclusivity set down in black and white, on forms filed with the Chamber of Commerce as the law requires. No verbal agreements, no surprises at the end.
Source: Camera di Commercio di Torino (Turin Chamber of Commerce) – Guide “Rivolgersi a un agente immobiliare” (Working with an estate agent) · 2021 editionPresentation and selected viewings
Photography, video and copy worthy of the home. Viewings are arranged only with qualified buyers, whose budget is compatible and who, where needed, already have a mortgage pre-assessment. Fewer curious visitors in your home, more genuine negotiations.
Offer, preliminary contract and deed
When an offer arrives, we review it with you. Then come the preliminary contract before the notary and the final deed: we coordinate documents, dates and the handover of the keys right up to the last signature.
What to prepare, in good time.
The property
- Title deed (atto di provenienza)purchase, gift or, if inherited, the declaration of succession and acceptance of the inheritance
- Land registry extract and cadastral floor planup to date and consistent with the actual state of the property
- Building permitsbuilding licence or permit, variations, any amnesties or retrospective approvals (condoni or sanatorie)
- Habitability (agibilità)certificate or certified notice of habitability, or the documentation of the application
- Energy performance certificate (APE)valid and signed by a qualified assessor
Certificates of conformity for the systems (electrical, plumbing, heating) no longer have to be attached by law, but buyers always ask for them: having them ready avoids negotiations on the price.
Source: Consiglio Nazionale del Notariato (Italian National Council of Notaries) – Documents required for a property sale · accessed October 2026You and the building
- Identity document and Italian tax code (codice fiscale)for every owner
- Marital statusextract of the marriage certificate or certificate of single status, to establish the property regime
- Condominium regulationswith the building manager's statement on charges paid, approved extraordinary works and any pending disputes
- Outstanding mortgagereceipt of repayment and consent to cancel the mortgage, or the bank's details
- Land over 5,000 m²certificate of planning use (certificato di destinazione urbanistica)
This is the list generally indicated by the National Council of Notaries for a property sale: the notary handling the deed may request further documents depending on the specific case.
Source: Consiglio Nazionale del Notariato (Italian National Council of Notaries) – Documents required for a property sale · accessed October 2026Where people most often stumble.
Land registry non-compliance: the deed is void
Since 2010, the seller declares in the deed that the cadastral data and floor plan correspond to the actual state of the property. Without that declaration the sale is void. If the floor plan is old or different, it must be updated beforehand.
Source: Law no. 52/1985, art. 29, para. 1-bis – Conformity with the land registry (conformità catastale) · current text on NormattivaBuilding permits: no references, no sale
Deeds transferring a building are void if they do not state the references of its building permit. And a false declaration counts as no declaration at all: irregularities must be regularised, not concealed.
Source: Presidential Decree (D.P.R.) 380/2001 (Consolidated Building Code), art. 46 – Nullity of deeds · current text on NormattivaNo APE, fines of up to €18,000
Selling without an energy performance certificate carries a fine of €3,000 to €18,000; an advertisement without the energy class, €500 to €3,000.
Source: Legislative Decree (D.Lgs.) 192/2005, arts. 6 and 15 – Energy performance certificate (APE) · current text on NormattivaSelling within five years? Mind the capital gain
The gain (plusvalenza) on the sale of a home bought less than five years earlier is taxed, unless it was your main residence for most of that period or was inherited. At the deed you may opt for a 26% flat-rate substitute tax, paid through the notary. Different rules apply to homes that have benefited from Superbonus works: please discuss this with your notary or accountant.
Source: TUIR – Consolidated Income Tax Act (D.P.R. 917/1986), art. 67 – Capital gains on property · current text on NormattivaWe check first, not afterwards
We review the documents as soon as we receive the mandate and, if needed, put you in touch with a trusted surveyor. The home reaches the market ready for the deed.
We tell you everything, by law and by method
The Civil Code obliges the broker to disclose to the parties every circumstance known to them concerning the value and safety of the transaction. For us, it is the foundation of a negotiation that reaches completion.
Registered and insured
Immobiliare Sartoni has worked in Versilia since 2007, is registered with the Chamber of Commerce and holds professional liability insurance, as the law requires.
A single point of contact
From the valuation to the notary, you always deal with the same person, who knows your home and your timetable.
Selling a home: the answers.
Which documents are needed to sell a home?
Generally: the title deed, the land registry extract and cadastral floor plan, building permits, the certificate of habitability, the energy performance certificate (APE), the owners' identity documents and marital status and, if the property is in a condominium, the regulations and the building manager's statement on charges. This is the list of the Italian National Council of Notaries; the notary may request further documents depending on the case.
What happens if the cadastral floor plan does not match the property?
The deed of sale requires a declaration of conformity with the land registry, without which it is void. If the discrepancy is purely cadastral, an update by a surveyor is enough; if it also concerns planning compliance, a retrospective approval (sanatoria) is needed first. That is why it is worth checking before putting the property on the market.
Do I have to pay tax when I sell my home?
Only in certain cases. The capital gain (plusvalenza) is taxed if the home was bought or built less than five years earlier, unless it was your main residence for most of that period or was inherited. In that case, at the deed you may opt for a 26% flat-rate substitute tax. Specific rules apply to homes with Superbonus works.
When is the agency's commission paid?
The commission is due when the transaction is concluded thanks to the agent's involvement, which normally means at the signing of the preliminary contract. The amount and how it is shared are agreed in writing when the mandate is given, and must be declared in the deed before the notary.
Why give an exclusive mandate?
Because a home offered by several agencies at different prices loses value in the eyes of buyers. With an exclusive mandate there is one price, one direction and a professional who genuinely invests in photography, video and promotion. The mandate always has a defined duration, written into the contract.
How can I check that an estate agent is properly registered?
Ask for their Companies Register number and check it with a Chamber of Commerce extract (visura camerale), available from any Chamber of Commerce. You may also ask for the details of their professional liability insurance, which is compulsory by law.
A question about documents, or the price?
A phone call commits you to nothing and often saves months of problems. Since 2007 we have personally looked after buyers and sellers in Versilia.
Sources
This guide is for information only and summarises the rules and guidance of the official sources below; it does not replace the advice of a notary or accountant on your specific case. Last checked: October 2026.
- Consiglio Nazionale del Notariato (Italian National Council of Notaries) – The preliminary contract · accessed October 2026
- Camera di Commercio di Torino (Turin Chamber of Commerce) – Guide “Rivolgersi a un agente immobiliare” (Working with an estate agent) · 2021 edition
- Law no. 39 of 3 February 1989 – Real estate brokers · current text on Normattiva
- Presidential Decree (D.P.R.) 380/2001 (Consolidated Building Code), art. 46 – Nullity of deeds · current text on Normattiva
- Consiglio Nazionale del Notariato (Italian National Council of Notaries) – Depositing the price with the notary · accessed October 2026
- Agenzia delle Entrate (Italian Revenue Agency) – Osservatorio del Mercato Immobiliare (Property Market Observatory, OMI) · official half-yearly values
- Legislative Decree (D.Lgs.) 192/2005, arts. 6 and 15 – Energy performance certificate (APE) · current text on Normattiva
- Consiglio Nazionale del Notariato (Italian National Council of Notaries) – Documents required for a property sale · accessed October 2026
- Law no. 52/1985, art. 29, para. 1-bis – Conformity with the land registry (conformità catastale) · current text on Normattiva
- TUIR – Consolidated Income Tax Act (D.P.R. 917/1986), art. 67 – Capital gains on property · current text on Normattiva