Can I buy a house with a preliminary before the deed?
Yes: the typical path is preliminary then notarial deed. When buying a home you usually first sign a preliminary contract ("compromesso"), by which the parties commit to sell and buy, often with a deposit; then you conclude with the notarial deed (the final act) before the notary, transferring ownership. The preliminary must be registered with the Revenue Agency and, for greater protection, is best transcribed by the notary. Before buying, it's essential to check the property's situation: no mortgages or charges, urban-planning and cadastral conformity, the energy certificate (APE), condominium expenses. You pay the purchase taxes (registration tax or VAT), with concessions for a first home. If you need a mortgage, it's coordinated with the deed.
📋 The rules
- Typical path: preliminary (compromesso) then notarial deed
- The preliminary commits the parties, often with a deposit
- It must be registered; best transcribed by the notary
- Checks on mortgages, urban-planning/cadastral conformity, APE
- Purchase taxes (registration or VAT), first-home concessions
🔓 Exceptions
- Buying from a builder: VAT and specific protections (guarantee on the deposit)
- First home: concessional taxes if the residence requirements are met
- Transcribing the preliminary: protects against later sales or mortgages
⚠️ Penalties & fines
If a party doesn't honour the preliminary, the deposit effects kick in (the one in breach loses it; double if the one in breach received it) or you can seek specific performance (a judgment transferring the property) and damages. Buying without the checks exposes you to serious risks: unresolved mortgages, building violations, cadastral discrepancies that prevent or complicate selling. That's why the notary runs the checks before the deed. It's wise to transcribe the preliminary, surface every charge and clearly define timing, deposit and conditions. Keep all the transaction's documentation.
📎 Official sources
- National Council of Notaries · Buying a home →
- Revenue Agency · Buying a first home and taxes →
- Normattiva · Civil Code (preliminary contract, art. 1351 and 2932) →
❓ Frequently asked
What's the difference between the preliminary and the deed?
The preliminary (compromesso) is the contract committing to sell and buy, often with a deposit; it doesn't yet transfer ownership. The deed is the final notarial act transferring the property's ownership. Usually some weeks or months pass between the two.
Do I have to register the preliminary contract?
Yes. The preliminary must be registered with the Revenue Agency within the set deadlines, paying the relevant taxes. For greater protection it's also best to have it transcribed in the property registers via the notary, to protect against later sales or mortgages.
What checks should I do before buying a house?
Check there are no mortgages or other charges, the property's urban-planning and cadastral conformity, the energy class (APE) and the condominium-expenses situation. The notary also runs these checks before the deed, but it's good to verify from the preliminary stage.
What taxes do you pay when buying a house?
You pay registration tax (or VAT, if buying from the builder), plus mortgage and cadastral taxes. For buying a first home there are concessions with reduced rates, where the requirements apply, including residence in the municipality.
What happens if the other party doesn't honour the preliminary?
The deposit effects kick in: the party in breach loses it, or must return double if the one in breach had received it. Alternatively, the faithful party can ask the judge for specific performance, i.e. a judgment transferring the property, and damages.
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