How Buying Property Works in Sicily

The viewing and the proposta d'acquisto

The process starts with a viewing. If the property fits, what follows in Italy is rarely an informal offer — it is the proposta d'acquisto, a written, time-limited purchase offer the buyer signs, often backed by a small deposit to show serious intent.

This is where Italy diverges from many other systems: once the seller accepts the proposta within its stated deadline, a binding contract already exists — well before a notary is even involved. Second thoughts after that signature are no longer free of consequence.

The compromesso (contratto preliminare) and the caparra

The proposta is usually followed by the compromesso, also called the contratto preliminare: a fuller preliminary contract setting out price, description, deadlines, and condition, often registered with the Italian tax authority (Agenzia delle Entrate). Buyers tend to picture this as "the contract" — while, legally, the proposta before it was often already the binding step.

The key figure here is the caparra confirmatoria, a deposit with a specific legal effect: if the buyer withdraws without good cause, the seller may keep it. If the seller withdraws, the buyer can claim double the amount back. It is this doubling mechanism — not a particular sum or percentage — that sets the caparra apart from an ordinary deposit.

What buyers typically arrange for themselves

Between the proposta and the rogito, buyers commonly use the time to arrange their own checks: the visura catastale (a cadastral extract showing ownership and cadastral category), the planimetria catastale (the floor plan on file, which should match the property as it actually stands), and urban-planning conformity — whether existing permits match what was actually built. Buyers frequently bring in a geometra for this: a licensed surveyor who compares the registered plan against the property on site and flags any discrepancy.

The notary's role

In Italy the notary is chosen and paid by the buyer — a different arrangement from systems where each side brings its own lawyer. Even so, the notary is not either party's advocate: as a public official, the notary answers to the law, not to whoever is paying. The notary checks title, liens, and mortgages against the land register, drafts the deed, reads it aloud at signing, and is responsible for calculating and forwarding the registration and cadastral taxes due to the state.

The rogito: the deed and the transfer of ownership

The rogito is the notarial deed of sale and the moment ownership formally passes. Both parties sign in front of the notary, the balance of the price is usually settled by bank draft (assegno circolare) or transfer, and the keys change hands. The notary then files the deed with the tax authority and has it entered in the land registry (Conservatoria dei Registri Immobiliari); the cadastre is updated to the new owner through a voltura catastale. Only once that entry is made is the change of ownership effective against third parties and publicly searchable.

The path in order

In short, a purchase typically moves through these steps:

1. Viewing — The property is viewed in person.
2. Proposta d'acquisto — The buyer signs a time-limited written purchase offer; once the seller accepts it, it is binding.
3. Compromesso and caparra — The preliminary contract sets out price, deadlines, and conditions; the caparra confirmatoria is paid.
4. Due diligence — Buyers typically arrange checks on the cadastral extract, floor plan, and urban-planning conformity, often with a geometra.
5. Rogito at the notary — The deed is signed, the balance of the price is settled, and the keys are handed over.
6. Registration — The notary files the deed with the tax authority and has it entered in the land registry; the cadastre is updated.

Questions about the process

Is the proposta d'acquisto already binding?

Once the seller accepts it within the stated deadline, yes — a contract already exists in law, even though no notary has been involved yet.

Can a buyer still back out after the compromesso?

Formally, yes, but the caparra mechanism then applies: the seller may keep the deposit unless there was good cause to withdraw. Whether a reason counts as good cause is, in practice, for the notary or a court to weigh, not the parties themselves.

Who chooses the notary?

In practice, the buyer does, because the buyer is paying and it is the buyer's title interest at stake. The notary still acts neutrally toward both sides.

What happens between the compromesso and the rogito?

This is usually when due-diligence checks are completed, any financing is finalised, and the notary prepares the deed. How long it takes varies case by case.