BDB Relocation and Legal

BDB Relocation and Legal The one stop consulting firm to move to and settle in Italy Please see https://www.bdbrelocationandlegal.com/

22/05/2026

STOP. BEFORE YOU BUY PROPERTY IN ITALY, READ THIS


Hi,
Antonio here.

I’m an Italian civil lawyer, and I deal with property issues every single day.
Let me tell you something most people realise too late: in Italy, problems don’t usually come from the house itself. They come from what people don’t check before buying. And once you sign, it becomes your problem.
People fall in love with a property. They trust the agent. They assume everything has been properly verified along the way. That’s where things start to go wrong.
Before buying, there are a few things you absolutely need to verify.

First, does the property have a certificate of habitability (agibilità)? This is not a formality. It proves the property is legally fit to be lived in. Without it, you can run into serious issues with residency, resale, and even getting a mortgage. And yes, many properties are sold without it.

Second, check the condominium costs, especially the ones already approved. This is where people get surprised in a bad way. You need to ask clearly what the monthly costs are and whether there are major works already approved, because you might end up paying for renovations decided before you even bought.

Third, understand whether there are shared parts or rights on the property. That garden, parking space, or access road might not be fully yours. You need to verify common areas, rights of way (servitù), and any usage limitations. In Italy, ownership is often more “shared” than it looks.

Fourth, check whether the layout matches the official plans. This is a very common issue. People renovate and never update the paperwork. If the property doesn’t match official records, the deal can get blocked, resale becomes difficult, and you may have to pay to fix it.

Fifth, look for defects or illegal works. Hidden problems and unauthorised works happen more often than you think. Some can be fixed, some cannot. If you don’t check before buying, it becomes your problem.

Now, a very important clarification.
In Italy, the notary plays a fundamental role in the transaction and ensures the legality of the deed. But their role is specific and well defined. They are not there to carry out a full technical and legal due diligence on your behalf or to assess the overall risk of the deal from your perspective.

I recently reviewed a case decided by the Tribunale di Bologna.
A buyer had purchased a property through a regular notarial deed. Everything looked perfectly fine.
After the deed was signed, the local municipality carried out checks and discovered serious irregularities. The works carried out on the property were not compliant with the applicable regulations.
The result?
An order was issued to demolish the non-compliant parts of the property.
At that point, the buyer was left dealing with the consequences — both legal and financial.
The process had been followed. The deed had been signed. And yet, the underlying issues had not been fully investigated before.

This is the key point: the system works, but only if each step is properly handled. If something is not checked before signing, it doesn’t disappear. It simply becomes your responsibility afterwards.
If you are buying property in Italy, you need to understand this: what you don’t verify before is exactly what will cost you after.

If you want to avoid this, you need someone who looks at the deal from your side, before you commit.
I assist international clients throughout the entire process, from the initial offer to the final deed (rogito), anywhere in Italy, making sure that what you are buying is exactly what you think it is.

If you are considering a purchase and want a second opinion before moving forward, please feel free to get in touch anytime by emailing contact at bdbrelocationandlegal dot com .


This article is not exhaustive, does not constitute legal advice and is a guidance only.

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Hi,Antonio here.Let’s talk about something uncomfortable for a moment.Because moving to Italy is a dream… until somethin...
09/05/2026

Hi,
Antonio here.

Let’s talk about something uncomfortable for a moment.
Because moving to Italy is a dream… until something goes wrong.
Most people move to Italy for a better life.
Sun. Food. Slower pace.
A dream, finally.
But there’s one question almost nobody wants to think about: what happens if something goes wrong… and you can’t speak for yourself?
Let’s be honest.
Many of you live here without close family nearby. Y
our children are in another country.
Relatives are far away.
In some cases… they’re simply not involved.

So imagine this scenario:
You’re in a hospital in Italy. You’re not able to communicate. Doctors need to make decisions about your treatment.
Who decides?
What do they follow?
What if what they choose… is not what you would have wanted?

This is exactly why Italian law allows something called Disposizioni Anticipate di Trattamento (DAT), often referred to as a “living will”.
It’s a legal document where you decide in advance what medical treatments you accept or refuse, how far doctors should go to keep you alive, and most importantly, who speaks on your behalf.

Because here’s the key point:
If you don’t decide in advance, someone else will decide for you.
And that “someone” may be a doctor, a hospital protocol, or a person who doesn’t really know your wishes.

With a properly drafted DAT, you stay in control, even if you cannot communicate.
You can refuse certain life-sustaining treatments, set limits in case of irreversible conditions, define how you want to be treated in critical situations, and appoint a trusted person (a fiduciario) who will represent you and ensure your wishes are respected.

And yes, this matters more than you think.
Because in Italy, doctors are required to take your DAT into account. But if you don’t have one, they will act based on medical judgment and legal duty, not on your personal preferences.

There’s another uncomfortable truth.
Many people think:
“I’ll deal with this later.”
They don’t.
Until something happens.
And so they find themselves in a hospital bed, unable to decide for themselves, waiting and hoping that someone else will make the right choice.
Moving to Italy is about building a life you actually want. But that also means protecting yourself when you’re most vulnerable. Not just your property. Not just your money.
Your decisions. Your dignity. Your voice.

I assist international clients in setting up legally valid DAT in Italy, tailored to their situation, including the appointment of a trusted person who can act on their behalf if needed.

If you live in Italy (or are planning to move) and want to make sure you’re protected, please do not hesitate to get in touch by emailing contact at bdbrelocationandlegal dot com .


This article is not exhaustive, does not constitute legal advice and is a guidance only.

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website: bdbrelocationandlegal dot com

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§§§   Re-Acquisition Of Citizenship By Declaration   §§§The latest changes in citizenship law, confirmed almost one year...
17/04/2026

§§§ Re-Acquisition Of Citizenship By Declaration §§§

The latest changes in citizenship law, confirmed almost one year ago (https://www.facebook.com/photo/?fbid=1389204229235277&set=a.511601153662260), have disrupted the plans of many people .
However, there are still pathways available to reclaim Italian citizenship.

If you previously held Italian citizenship but lost it on or before 15 August 1992, you may be eligible to reacquire it under Article 17 of Law 91/92, as recently amended.
To qualify, you must meet one of the following requirements:
-You were born in Italy,
or
-You have been a resident in Italy for at least two consecutive years.

It goes without saying that you will need to provide documented proof that you meet one of these requirements.
To reacquire citizenship, you must submit an official declaration at your local Italian consulate by 31 December 2027, without exception.

While there is still time to submit such declaration, you may want to act quickly as collecting the required proofs may take longer than expected.

If you need tailored guidance, assistance in obtaining documents from Italian authorities or an initial assessment to verify your eligibility to reclaim Italian citizenship, please do not hesitate to get in touch [email protected]

This article does not constitute legal advice, is not exhaustive and is a guidance only.

Barbara De Benedittis Relocation and Legal in Italy

To stay up to date with all our posts, please subscribe at this link https://www.bdbrelocationandlegal.com/newsletter


§§§   When Do I Owe The Commission To The Estate Agent?   §§§We have already discussed some of the particular aspects of...
10/04/2026

§§§ When Do I Owe The Commission To The Estate Agent? §§§

We have already discussed some of the particular aspects of how Italian estate agents operate https://www.facebook.com/photo?fbid=738606777628362&set=a.511601153662260.

In this brief article, I would like to focus on one key point: their commission.

First of all, no commission is due simply for visiting a property. If you are asked to pay at that stage, this should be treated with caution.
When visiting a property, however, you will typically be asked to sign a form. By signing it, you acknowledge that the agent introduced you to the property and that their commission will be due should you proceed with the purchase.

It is important to note that this obligation may still apply even if the purchase takes place at a later stage or through a different agent.
It is also good practice to ask about the amount of the commission at the first visit, as this is set independently by each agent and may increase as your interest in the property becomes more evident. The agent’s commission is, in any case, negotiable.

As a general rule, the commission becomes due once an agreement is reached with the seller. The timing of the actual payment is often negotiable and it is advisable to arrange it for the time of the rogito (final deed).

If you are not familiar with the buying process in Italy and need assistance, please feel free to get in touch at any time [email protected].

This article does not constitute legal advice, is not exhaustive and is a guidance only.

Barbara De Benedittis Relocation and Legal in Italy

To stay up to dat with all our posts, please subscribe at this link https://www.bdbrelocationandlegal.com/newsletter/



 #§§§   TIPS FOR LIVING IN ITALY   §Sometimes people move to Italy without being fully aware of a few important rules. T...
20/03/2026

#§§§ TIPS FOR LIVING IN ITALY §

Sometimes people move to Italy without being fully aware of a few important rules. Then, after a few years—or even just a few months—they suddenly discover that something should have been done differently.
To help you avoid unpleasant surprises, I thought it might be useful to share a few simple tips for living in Italy.

RESIDENCY
1. Register as a resident in your town.
It may sound obvious, but sometimes people spend years in Italy without officially registering their residency. Not only is it a legal requirement, but it can also be very helpful in the future. For example, if one day you decide to apply for Italian citizenship, proving how long you have been living in Italy will be much easier.

IDENTITY CARD
2. Apply for an identity card (https://www.facebook.com/barbaradebenedittisrelocationandlegal/posts/pfbid02DdE4YXBUwGkxjKQp5RtZaTqKrZ7pKUqBQZPS1VNYNFaPA9WiMg15Ek39ZPqAr5mgl) once you are registered.
Once your residency is official, you can apply for an Italian identity card at your local comune. It’s not compulsory, but it’s very practical. Carrying a small card in your wallet is much easier than bringing your passport everywhere.

TAXES
3. If you are resident in Italy, you generally pay taxes in Italy.
This applies even if you work remotely for a foreign company. You are also required to declare all your worldwide income and assets—even that little property you might own on Moonland.
Jokes aside, failing to declare foreign income or assets can lead to quite heavy penalties. If you’re unsure how it works, a good commercialista can guide you. They can also explain the double taxation treaties and some special tax regimes that may significantly reduce your tax burden.

4. The Italian tax year runs from 1 January to 31 December.
As a general rule, you are considered tax resident in Italy if you spend more than 183 days in the country during a calendar year.
So, for example, if you move to Italy and register your residency in May, you will usually be considered tax resident in Italy for that same year. If you move and register in August, you will normally not be tax resident for that year.

Moving to Italy can be an exciting adventure, but navigating the rules can sometimes feel a little overwhelming. If you have recently moved to Italy—or are planning to—and would like some clarity on how the rules apply to your situation, feel free to get in touch to arrange a tailored consultation. A short conversation can often prevent costly mistakes.

[email protected]

This article is not exhaustive, does not constitute legal advice and is a guidance only.

To stay up to date with all our posts, subscribe to our newsletter at this link https://www.bdbrelocationandlegal.com/newsletter/

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§§§   House Hunting In Italy This Spring? Read This Before You Sign Anything   §§§Spring is typically the season when pe...
13/03/2026

§§§ House Hunting In Italy This Spring? Read This Before You Sign Anything §§§

Spring is typically the season when people start dreaming about a property in Italy and begin scouting for their perfect home.
If that’s the case for you, too, there are a few things worth knowing before you sign anything, because some small details of the Italian buying process can easily catch buyers by surprise.

First of all, I always recommend reading the post about how estate agents work in Italy (https://www.facebook.com/barbaradebenedittisrelocationandlegal/posts/pfbid028D2QjZh5JbdAgsw84ViUEo7WkZhmZUUBWpkiVMXy9kpWVYXt6j7S4CFoE4EmjZAsl)

1. When you visit a property, agents will often ask you to sign a declaration confirming that you viewed the property through that specific agent on a particular date.
You can refuse to sign this document; however, it is generally fair to do so. By signing it, you acknowledge the agent’s involvement and confirm that you will pay their commission if you eventually purchase that property.
Please note that, in many cases, you may still owe a commission to that agent if you buy the property later, even after the agreement between the seller and the agent has expired. However, you do not owe the agent anything simply for viewing the property, and you do not owe a commission if you decide not to proceed with the purchase.

2. Signing an offer to buy (https://www.facebook.com/barbaradebenedittisrelocationandlegal/posts/pfbid02nKmLrAnrHfwh69cGFhoqfjXV92dqFZ4UQXXgpYf4Gb2GcJmicjxQLS6q8jmWtH7Ul) is an entirely different matter.
I strongly recommend not signing any offer unless it has first been reviewed by a lawyer you trust or by someone with the appropriate expertise to advise you. Standard offers often do not include conditions that adequately protect the buyer.
By signing such an offer, you may be committing to purchase the property even if serious issues arise later. In addition, you will typically be committing to pay the deposit to the seller immediately and the agent’s commission shortly thereafter.
In other words, by signing a standard offer to buy, you may be committing a significant amount of money without any guarantee that the property is fully compliant or that the transaction will ultimately be completed.

3. Try not to worry too much about opening a bank account (https://www.facebook.com/barbaradebenedittisrelocationandlegal/posts/pfbid0BRtEkKJXLRSYYH7fZuRQAkpK7C96jwpvV7hf3GouBYYsZYSAhS1xUkGGZrTXxEtpl) in Italy in order to complete the purchase and pay the price (https://www.facebook.com/barbaradebenedittisrelocationandlegal/posts/pfbid0jyafxfY43RLuy6KNUcSt9jDSGfeEafNqwGsuustWAkNiJto4wGCF9Rv4QksobtCvl). You can transfer the funds directly from your foreign bank account to the notary’s account.

I hope these few tips are useful and help make the buying process smoother. If you are not very familiar with the buying process in Italy, I’d be delighted to assist; please feel free to get in touch anytime [email protected].

This article is not exhaustive, does not constitute legal advice and is a guidance only.

https://www.bdbrelocationandlegal.com/





§§§   Update on Italian Citizenship Law – 11 March 2026   §§§On 11 March 2026, the Constitutional Court held a public he...
13/03/2026

§§§ Update on Italian Citizenship Law – 11 March 2026 §§§

On 11 March 2026, the Constitutional Court held a public hearing on the constitutionality of the recent changes to Italian citizenship law, known as the “Tajani decree.”

The Court issued a press release the following day, stating that the arguments presented by the Turin Tribunal were found unfounded and inadmissible.
This means that, for now, the modified citizenship law remains valid and in effect.
The Court decision, which will provide more details, is expected in the coming weeks or months.

If you are unsure about your eligibility for Italian citizenship and would like a tailored assessment, please contact us at [email protected]

🔗 Link to the Corte Costituzionale press releasehttps://www.cortecostituzionale.it/uploads/release/69b2adc90cb9b.pdf

§§§   The forced heirship in Italy   §§§Following our recent articles on wills and inheritances, which generated a lot o...
20/02/2026

§§§ The forced heirship in Italy §§§

Following our recent articles on wills and inheritances, which generated a lot of interest, we return to a topic that often affects families who own property in Italy: donating a property to only some of the children.

At first glance, this can seem like a simple family agreement—but in Italy it can create serious legal issues years later. Consider this example. Julia, an Italian-Canadian living in Toronto, is married to Robert, also Italian-Canadian. They own a house in Italy and another property in Canada. Together they have two sons, while Robert has a daughter from a previous marriage.

Over time, the family has come to believe that the sons are not interested in the Italian house and don’t want the responsibility, while Robert’s daughter would like to keep it. Julia also feels she is paying expenses for a property that brings no real benefit to her or her sons. The solution seems logical: donate the Italian house to the daughter now, so everyone can move on.

While this may appear practical and fair, in Italy donations are not just private family choices. Italian law includes a system of forced heirship (“legittima”), which protects the rights of certain heirs, especially children and spouses. Even if everyone agrees today, a donation can be challenged later if it reduces the forced share that other heirs are legally entitled to receive.

This raises an important question: what happens if, after both parents pass away, the sons change their minds? Depending on the value of all assets involved, they may still be able to challenge the donation in Italy, even years later. Many foreign families are surprised by this, assuming that verbal agreements or long-standing understandings are enough. In Italy, they often are not.

What seems fair today can feel different tomorrow as relationships, finances, and circumstances change. A donation intended to simplify matters can later lead to disputes between siblings.

This doesn’t mean property donations are always wrong, but they must be handled carefully. Before deciding, it’s essential to look at the full picture: assets in Italy and abroad, separate and joint property, and how the donation affects the future inheritance as a whole. The real cost of a donation is often not the notary fee, but the risk of conflict and litigation later on.

This article is not exhaustive and is guidance only.
If you are considering donating property in Italy, especially in a blended family situation, and you want to make sure the plan is legally safe and doesn’t create future disputes, do not hesitate to email [email protected] .


In collaboration with Antonio Strangio, expert in International Wills and Testaments.

To stay up to date with all our posts, subscribe at this link https://www.bdbrelocationandlegal.com/newsletter/

To see more about wills and testaments, see this link https://www.bdbrelocationandlegal.com/category/wills-and-testaments/

Barbara De Benedittis Relocation and Legal in Italy

§§§   Italian Citizenship: “New” Rules and 1948 Cases   §§§I often see people claiming that they have a “1948 case” (htt...
13/02/2026

§§§ Italian Citizenship: “New” Rules and 1948 Cases §§§

I often see people claiming that they have a “1948 case” (https://www.bdbrelocationandlegal.com/italian-citizenship-1948-cases/) and therefore believe that the new rules—introduced in March 2025 and confirmed in May 2025—which essentially limit the possibility of going back in the lineage to grandparents only for the purpose of obtaining Italian citizenship, do not apply to them.

This article aims to be very brief, simple, and clarifying on this point.
I will be blunt: the generational limit applies to 1948 cases as well. This may come as a surprise to some, but unfortunately, this is the current legal reality.

The constitutionality of the law introducing this limit is being challenged before the Corte Costituzionale, and a decision is expected shortly. However, as things stand today, the limit applies.

If you have a genuine and straightforward 1948 case in which your line goes back only to your grandparents, our advice is to file your claim as soon as possible, before the situation potentially changes again to your disadvantage. We can assist you and represent you in court—please contact us for more information.

If, in your 1948 case, your line goes back beyond your grandparents, you have a few options:
• Wait for the decision on the constitutionality of the law.
• File your claim anyway as soon as possible, before that decision is issued. In this scenario, your judge will most likely suspend the proceedings pending the decision of the Corte Costituzionale.
Needless to say, if the unconstitutionality of the rule is not recognised, your case will be rejected, your citizenship will not be recognised, and you will also have incurred legal costs.
If, on the other hand, the Corte Costituzionale rules in your favour, your citizenship will likely be recognised.

If your lineage is interrupted, there may be other ways to obtain Italian citizenship; please see this link https://www.bdbrelocationandlegal.com/acquiring-italian-citizenship-a-last-resort/.

This article is for general informational purposes only and does not constitute legal advice. It is not exhaustive and is intended as general guidance only.

If you need an assessment to verify whether you qualify to claim Italian citizenship, please do get in touch https://www.bdbrelocationandlegal.com/contact/.

In collaboration with avv. Andrea Balducelli, citizenship specialist.

Barbara De Benedittis Relocation and Legal in Italy

To keep up to date with our posts, subscribe at this link https://www.bdbrelocationandlegal.com/newsletter/

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